Study Of Elderly Meaning Given Guardianship System

Elderly care is intended to be, meaning capacity for the full, but because of physical or other reasons mean a lack of protection of the elderly, according to its own will, through the Italian form of the contract will care for themselves now or in part or after Select all the affairs of any fixed guardian in order to achieve personal and property rights and interests of older private security.At present, China's civil law on the protection of the elderly, only the Civil Law No.17,19 on the mental patient monitoring provisions, the Supreme People's Court's judicial interpretation of its expansion, including Alzheimer's patients. But for the general protection of the elderly has no relevant legal provisions, the reality that not all the elderly in old age, when Alzheimer's patients are, and they protect the meaning of old age lead to inadequate capacity, also in real life the need for effective protection.To effectively protect the legitimate rights and interests of this part of the elderly, we should set up monitoring system for the elderly Yi-ding, in accordance with its own characteristics, with full respect for their meaning on the basis of ability, allowing them to choose their own affairs after the guardian of any set, by guardian hand to protect their legitimate rights and interests, on the one hand, to achieve the respect and protection of human rights, on the other hand improve our monitoring system, developed for the building blocks of the Civil Code.At present, many countries have carried out the reform of adult guardianship system, will the elderly as a separate ward, into the custody of adults to protect against the elderly and its particularity, the introduction of Italian custody of their legitimate rights and interests will be fully protected. Throughout the country the law is not difficult to find meaning in the elderly care setting, the emergence of national laws and integration of cross-cutting trends, reflecting its importance in the elderly care system.Thus, given China's elderly care in-depth study intended to improve the elderly care system, and maintain the normalization of life in the elderly, respect their right to self-determination, has become a trend of the times. In particular, the occasion of the Civil Code in the development of our country, should conform to their currency, China's elderly care system, in-depth study and better meet the demographic challenges of aging, but also to improve our monitoring system to be.This article is about the drafting of the Civil Code by the opportunity in China, sought to examine conditions of our country through an integrated, fully demonstrate the premise of the legislative background, the guardianship of the elderly as a separate object, according to its own characteristics, intended to be the establishment of elderly care system through the improvement of legislation to promote the wider protection of human rights of older persons, the other level it is hoped that from the legal perspective on the challenges of an aging society and to study the issues raised and discussed, those who achieve old age maximum protection of human dignity, to respect and protect their autonomy so that they participate in normal social life, the greatest range of personal and property protection of its legitimate rights and interests.The thesis is divided into three parts:the first part, by the requirements of social development and current status of the elderly care system, our lack of two other areas, in-depth analysis of the elderly in our views will create the need for guardianship. The second part, analysis of the building intended to be the elderly care system is feasible. First, from the reality of our aging society will analyze the social reality of the impact of traditional family pension model and the protection of our rights and interests of the elderly at present the relevant policies of the establishment of guardianship for the elderly to provide realistic possibility; In addition, China's traditional civil legal system construction of guardianship for the elderly provides a theoretical support. The third part, by the elderly care area countries are the analysis of relevant legislation, in combination with China's specific national conditions, to fully draw on his country's legislative concepts and practical experience, on our old concrete building intended to be monitoring to make recommendations.In this thesis, a comparative study of the method, the analysis of relevant legislation on the country learn from the discussions of the establishment of guardianship of older persons; adopted a system analysis, mainly through the analysis of the social background of reality, and Constructing Adult Guardianship Necessity; by the current social, political, economic, cultural and other legislative background, the proposal of building the feasibility of our adult guardianship; through national legislation related to the analysis of dynamic and practical experience, draw on our elderly specific building inspiration guardianship system, proposed to target the elderly into custody as a ward area, the introduction of the elderly care system intended to be, to a greater extent the protection of old people's self-decision and the right to participate in normal social life, enabling older effective protection of the legitimate rights and interests.