A Study On The Guardianship Of The Elderly In China

The aging of societies is an important background of its elderly guardianshiplegislation. Our aging society earlier than the national and regional early issuesfacing the legal protection of rights and interests of older people in an aging society,and therefore at the level of guardianship system, earlier made a theoreticalreflection and practical legislative amendments activity. Improvement of the elderlycare system has urgent objective need, but faced with not optimistic background.Our aging society status quo, change, contradiction between population and socialdevelopment as well as our current state of legislation related to family structure isthe process of improvement in the elderly care system can not be ignored and theworrying factor. The ultimate goal of our understanding and study of extraterritorialor elderly care system is desirable to provide a reference for future legislationestablished to protect our elderly and other systems. Of course, the elderlyprotection is a complex social problem, not relying on a single system such as theelderly care can be solved. But at least, improve the elderly care system at the microlevel can be helpful to protect the elderly. Therefore, to address the current shortageof elderly care system, drawing on the experience of the elderly care system reformoutside of our legislation to improve elderly care system has important significance.In addition to the introduction and conclusion, this paper is divided into fourparts:The first part is about an overview of the adult guardianship system. First, theneed to define the definition of the elderly, explained the meaning of the elderly caresystem, and to improve elderly care system are briefly analyzed. The second part is about the legislative status of the elderly care system and thelimitations. Into China’s "marriage" in the support system here, China’s "Civil Law"in the guardianship system and our country,"elderly Protection Act" in the threeparts of the relevant provisions of the legislation were on the status and limitationsare discussed.The third part is about the introduction of the elderly guardianship systemextraterritorial legislation. The reform of adult guardianship system in France,Germany, Japan, the United Kingdom and the United States are introduced.Guardianship system reforms in these countries to some extent before theguardianship system is to deal with the problem of insufficient protection for theelderly, therefore, in this sense, can be called elderly guardianship system reform.These reform measures have important references to improve elderly guardianshipsystem in our country.The fourth part is about the perfection of the elderly guardianship system.Guardianship system for the elderly "who is ward","who is guardian" and "Howguardianship works" and "how to protect the guardianship " answers a few questionsin order to make recommendations for improving the system of elderly guardianship.