| Nowadays, the trend of aging of population has had an international character. Legal protection of the Rights and Interests of the Aged becomes a growing concern of the world. The second World Assembly on aging-population convened proved this again. In our country our government attaches great importance to the issue of legal protection of the Rights and Interests of the Aged and, in 1996 we promulgated the "Law on the Protection of Rights and Interests of the Aged ". It proved two points: First, the whole society gradually puts more emphases on protecting the legitimate rights and interests of the aged; second, the aged enhance legal awareness of the protection of their own rights and interests. It should be said that this law on the protection of the rights and interests of the aged plays a crucial role. However, several years later, society has undergone tremendous changes, some legislation has not fully met the actual needs and its shortcomings are also clearly exposed.This paper firstly introduces the concept of rights of elderly persons, then interprets the status quo of China's Protection of the Rights and Interests of the Elderly, analyzes the cause of the obstacle to the Rights and Interests of the Elderly, finally gives some legislative proposals to the protection of the rights and interests of the elderly.From a legal perspective, the article has a discussion of "Law on the Protection of Rights and Interests of the Aged," gives some suggestions to improve the China's security system for the aged. And the writer hopes that this article could invite more concerns to those who have toiled all their life but vulnerable economically and legally in their old ages and gives a deep thinking on the issue.This article is consisted five main chapters. Chapter one deals with basic concepts and definitions, like the article theme concept of the aged. Besides, before delving into next chapters, this article also tries to conceptualize the essential rights of the aged people as well as some basic privileged rights entitled solely to the aged. Chapter two analyzes the immediate need to enhance the rights of the aged. This chapter discusses on four issues: first, the stability issue of being rights of the aged. This sort of the aged rights is supposed to be not weakened as time changes. Second, the labor right of the aged need be guaranteed as an Index of Social justice. Last section of the issue is as regard to the protection of the labor right. The last issue discussed is focused on the most fundamental right of the aged: the life guarantee. By legalizing those rights, the aged should be anticipated to have the equal opportunity to share the goods of social developments. The next chapter grapples with some current issues in respect of the aged legal rights. The difficult reality of right protection for the aged is both demanding and challenging. This very issue draws our attention to its transformation of those currently available institutions, which apparently fall far behind what is needed. Thus, this chapter uses a large space in discussing the issues within the institutions of right protection for the Aged. This chapter ends with a critical analysis and some general insights for future reformations. Chapter four introduces some western patterns available for us to study after in right protection for the aged. This chapter selected German pattern and Japanese pattern, since the author believes these two patterns give us a parallel of cases which can be easily understandable and in fact very practical for us to model. Chapter five is posed with some legal suggestions, from the author's point of view, to improve the right protection for the aged. These suggestions are: in terms of legislation, more legislation is needed to enhance the right protection of the aged; In light of judicial justice, a Special Court for the protection of aged rights should be established in a timely fashion; By means of administrative institution, a more flexible standard on the retiring age for those aged who has been worked lifetime. By virtue of social protection, we need strengthen the social system as a whole if we hope to solve the issues as regards the aged for good.
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