Research On Elderly Guardianship System Of Civil Law

Guardianship system is an important civil system.The elderly guardianship system is inadequate for judging the ability of the personal rights and interests of older persons and property rights monitoring and protection of the legal system.Since the emergence of the concept of human rights, the legal concept of guardianship system, great changes have taken place Traditional adult guardianship system in the face of new social problems are increasingly demonstrating its outdated and, therefore, many countries have of the old adult guardianship system from the concept to the institutional framework of comprehensive reformPopulation aging has become a global issue at present. According to United Nations classification criteria for the degree of population aging, China entered the aged society in 2000. Aging of the population of our country and the people's socio-economic lives of a broad and profound impact on the elderly population has become For can not be ignored social groups.The scale of China's aging population, aging society is growing faster than it is unprecedented in the history of the world's population, and the aging society have also generated a number of columns of social problems, how to protect older persons from a legal perspective of the legitimate rights of particular is importance. However, China's current legislation in the elderly care system is still blank, and theoretical circles also a lack of sufficient attention to the aged care and research. The existing guardianship system can no longer meet current needs, guardianship system reform has become imperative,as China gradually into the aging society, the need to protect the elderly will be more and more. In this paper, the four-part study how to protect older persons from the legal point of view, with a view to perfecting China's elderly guardianship system.The first chapter is mainly an overview of the elderly guardianship system. Consists of three parts:First, the concept of guardianship for the elderly; Second, the main characteristics of the elderly guardianship system; 3rd, set the elderly guardianship system, the need for guardianship. Through the elaboration of the concept of elderly guardianship system, as well as new problems in the real world analysis of the situation, pointing out the need to set the elderly elderly guardianship system system, thereby protecting the legitimate rights and interests of the elderly.The second chapter retroactive civil law countries the historical origins of old age guardianship, introduced in Germany, France, Japan and the civil law countries in the adult guardianship system, the results of the aged care reforms, Learn about the modern adult guardianship system, from the initial approach to become the guardian to protect the present and respect for I help to take care of my self-determination means in the Legislative concept, monitoring the contents of their ways of monitoring have significant progress,and its comparative analysis with a view to monitoring China's older play a role in the creation of reference system.The 3rd Chapter focuses on the historical origins of China's guardianship system and the status, and deficiencies in the existing guardianship system analysis, through the analysis pointed out that the idea of our Guardianship system in the legislative, procedural and substantive gaps through the analysis pointed out that China urgently need to improve care legislation, to set the elderly guardianship system.The 4rd Chapter sets out how to improve the country's elderly guardianship system, specifically includes:first, elderly guardianship system, re-define the meaning and nature; second, a new idea of elderly guardianship system; three of China's "Civil Code" elderly guardianship system, the legislative proposal. The third part consists mainly of the elderly guardianship system in the "Civil Code" in the layout, set the elderly guardianship system in the procedural recommendations and the specific content of proposals.