| Abstract:At present,China has entered the aging society,problems of the elderly security on the rights and interests become more and more important,because of historical and realistic reasons,there are many problems on the protection of the rights and interests for the elderly left behind.Current our country has not related legislation specifically for the rural elderly population,as a special group, apparently, the existing general laws and regulations on the elderly are not effective to protect their rights and interests,This article is from the point of legal to research how to protect the rights and interests of rural elderly.This article mainly has the following several parts:The first part is an introduction,including research background,research review,significance and innovation of this article.The rural left-behind elderly is a special group which generate from the process of China’s reforming and opening up and the urbanization,and the study of this group not only has the theory significance,but also has practical significance.At home and abroad the literature on the left-behind elderly is not much,and the lever of study is low,and aiso not systematic and perfect.And the innovation of this article is from the angle of legal to discuss rights protection of the Left-behind elderly.The second part is the definition of concept on the rights for rural left-behind elderly.At present the rural left-behind elderly has not caused the extensive attention of the society, and the concept of the rural left-behind elderly and the rights rural left-behind elderly has not been uniform,clearly defined.The author through the the analysis,defines the concept of rural elderly and the rural left-behind old people should enjoy the rights and interests.The third part includes the main content and way of legal protection for the rural elderly rights.The Left-behind elderly as a special vulnerable groups,in addition to enjoy the general civil rights,should also enjoy some special rights,such as supported rights,spiritual consolation right,the right to material assistance,the right to rest,medical right and so on;the way to protect the rights and interests of the left-behind elderly,mainly include the national protection,social protection,family protection, self protection.The fourth part includes the reasons and problems of legal protection for the rural elderly rights.Currently,the law relate to the rights and interests of the Left-behind elderly mainly is "people’s Republic of China Elderly Rights Protection Law",there are also some laws and regulations which guarantee the rights of the elderly contained in" civil law","crieminal law","the rights of the elderly in the marriage law"," law" and other laws,and there is no special laws and regulations for the Left-behind elderly.Because of the legal system is not perfect,the Protection of Rights and interests for the Left-behind elderly of our country exists a lot of problems problems.The cause of the problem is that in many aspects, Not just because of the imperfection of legislation,also relate to the absence of family,lack of the social concern,lack of legal services and the awareness of the law for the Left-behind elderly.The fifth part includes the train of thought and countermeasure of legal protection for the rural elderly rights.In view of the problems on the protection of the rights and interests of rural left-behind elderly,the author puts forward several suggestions and countermeasures.The first is the aspect of legislation,we should perfect the law of" Law of the Peoples Republic of China on the protection of the rights and interests of the elderly",make the law of" the implementing rules about the law of the Peoples Republic of China which on the protection of the rights and interests of the elderly ", in view of the particularity of the left-behind old people make some special laws and regulations,Perfect the system of the law to guarantee the rights of the elderly,comprehensively protect the legitimate rights and interests of the left-behind elderly,Such as develope " the law of rural social endowment insurance "," measures for implementation of law on the old people’s rights guarantee "," the law of rural medical security ","the law of care life of the rural old people"and other relevant laws and regulations.The second is the law enforcement,the administrative departments of the law enforcement should actively protect the legitimate rights and interests of the elderly,and the behavior of violatie rights of the left-behind elderly should be severely punished.Again is the judicial aspects,we should establish special court.The last is about the legal advocacy and legal services,to do a good job in law and the legal aid to the elderly.In addition,to better protection for left-behind elderly rights,strengthen family protection, raise the level of social security is necessary.The rural left-behind elderly is a special group which generate from the process of the urbanization.Safeguard and protect the legitimate rights and interests of the elderly,especially for the rural left-behind elderly,is the common responsibility of the whole society,but also the basic requirements to build a harmonious society,and related to the construction of new socialist countryside.As a result of the structural differentiation urban and rural and other reasons,China’s protection on the rights and interests of rural left-behind old people confronted with the ethical and legal dilemma,in order to better safeguard the rights and interests of rural elderly,must confirm the legal status of rural left-behind old people in legal form,establish and perfect legal system for the vulnerable groups. |
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