A Study On The Guardianship System Of The Elderly In China

China began to enter the aging society in 1999.The aging process is accelerating after entering 21 st Century and showed a typical old before getting rich situation.In the background of aging society,protecting the interests of older people also is an increasingly prominent issue. Then how to effectively safeguard the equity issues related to the survival of the elderly, pension and other legal issues by Civil guardianship system has become a new academic study. The purpose of this article is to explore and improve our country’s existing older guardianship system by Investigating the advanced designs of the foreign older guardianship system meanwhile combining with actual situation in China.I expect the elderly rights can be further protected through our Civil guardianship system in the future.The guardianship system of old people is discussed in this paper by five parts. The first part is the introduction, introduces the background,research methods of this article and the significance of this article,this part plays a role in the article.The second part describes the current situation of old people and the guardianship current situation of the elderly in our realistic society. Through this part I want to show the issue of the elderly guardianship system in our realistic society. The third part summarizes about the shortage of the elderly guardianship system in our country at present by analyzing specific provisions of the guardianship system of old people.The fourth part adopts the principle of comparative jurisprudence, and investigates the elder guardianship systems within the countries of continental law systems and common law systems, then summarize the similarities of the existing legal systems for elder guardianship, which can provide a reference to China’s elderly guardianship system.The fifth part is the focus of this article, by discussing the construction of China’s elderly guardianship system, basing on the third part summarizes the problems, by studying the reforming achievements of the elderly guardianship and the realistic situation of our country, we will establish sound elderly guardianship system with Chinese characteristics to better safeguard the legitimate rights and interests of the elderly.