| Since twenty-first Century, the world has entered the time of population aging, the aging of the population have cause the world-wide attention, It has become the hot topic, there are many elder welfare economic researches at the field of sociology, there are also many elder insurance researches at the field of economics, but few elder welfare rights researches at the field of law, elder welfare rights researches can not exceed the general rights researches, In recently years, the aging" turn white-hot" situation more and more seriously, the elder welfare rights gradually began to enter law field. Since, welfare rights regard as basic civil right, scholars generally agree that the elder welfare rights presume as the life and health, equity right, social and economic rights, social and cultural rights and so on just as other basic existence rights. Whether the rights can not be protected depend on the perfect legal systems, the elder welfare rights needs more effective and legal safeguard just as a kind of basic human right, This article analysis the elder welfare rights’concept, and legal protection status and inadequacy of elder welfare rights in our country, Draw lessons from Japanese’ advanced elder welfare rights legal protection, that’s will give our country some ideas. There are several aspects of this article:Firstly, first of all, the article introduce the basic concept of welfare " and " welfare right", Compare different understandings at the field of economics and sociology, and the understandings will be different as the time goes; then, just as the several representative scholars think that the elder welfare rights is a constitutional right, basic human rights and social rights.Secondly, The article introduces our country’s legal protection achievements of older welfare rights in legislation, law enforcement, judicial, there are fundamental basis in the constitution, and" the people’s Republic of China Law on the protection of the rights and interests of the elderly"(hereinafter referred to as the" old law") and many regulations; each province carried out seriously all laws, regulations and policy documents, the elderly welfare received very good results; many city opened the elderly Legal Aid Center, the rights of the elderly have more comprehensive protection. Although the elderly welfare had certain development, the standard of living of the elderly has been improved, but our elderly welfare legal system still has many problems, such as the legislation of our country, elderly welfare rights legislation can not keep pace with old ageing development; It is difficult to comply with the elderly welfare rights law; There is little judicial aid at the elderly welfare rights’protection.Thirdly, the article analyze the successful field about the elderly welfare rights practice in Japan, then resolve the reason about comparing Japan as the first practical analysis; secondly, analysis the elderly welfare rights achievements in Japan, our country’s old people welfare rights can learn from it.Fourth, through the comparison of Japan for elderly welfare legal safeguard experience, analysis the initial plan about elderly welfare rights legal protection, then from the legislation, law enforcement and judicial three aspects respectively put forward the specific conception of the elderly welfare rights legal protection, which focuses on the legislation construction aspects of elderly welfare rights. |
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