Study On China’s Elderly Guardianship System

Nowadays, in the worldwide the population age structure tends to become aging, which has brought enormous challenges to the economic and social life of those countries trapped in serious aging situation. Many countries have adopted active counter measures. For example, countries like UK, the United States, Germany and Japan and so on have made relevant reformations which have acquired preliminary results. As the age of aging rapidly approaches, China’s unprepared response can be seen not only from the perspective of the social security level, but the legal aspect which has demonstrated its own defaults, though the new version of "The People’s Republic of China Guarantee Law of the Senior Citizens’Rights and Interests"(hereinafter referred to as "The Guarantee Law of the Senior Citizens’ Rights and Interests") has remedied the defects which have emerged from both the legal and social security aspects. China’s first blueprint regarding the elderly undertakings development which is called "The Report of China’s Elderly Undertakings Development (2013)" was issued in February27th in Beijing. The blueprint has pointed out that the issue of "actively handling with the problem of population aging" shall be incorporated into China’s basic sate policies. All of these measures have indicated that China has laid a much more stress on relevant strategies dealing with the population aging problem as the state will in the legal level. Meanwhile this blueprint has also mentioned the luminous revision points of the new version of "The Guarantee Law of the Senior Citizens’ Rights and Interests". But the writer believes that there still exists room for it to make progress in order to make the guarantee of the senior citizens’ rights and interests or the elderly guardianship much better than ever. So the writer of this thesis will discourse upon how to specifically make our country’s system of elderly guardianship perfect by analyzing in combination with the new version of "The Guarantee Law of the Senior Citizens’ Rights and Interests".A complete and sound system of laws and regulations shall not only have an accurate recognition of the legislative styles, but also be directed by the advanced legislative concept. Only in this way can we assure overall planning and all-around consideration when we formulate concrete schemes. However, the writer holds that there are some defects in China’s elderly guardianship system no matter from the aspect of legislative styles or that of legislative concepts, and regulations about elderly guardianship under the guidance of that system certainly cannot meet the demands of the reality. It cannot be denied that the promulgation of the new version of "The Guarantee Law of the Senior Citizens’Rights and Interests" has brought great benefits for the solution of the aging problem. But what we should be aware of is that this law lacks specific detailed rules for implementation, which would unavoidably render it embarrassing in the future judicial practice. In addition, there are such important aspects which the regulations concerning elderly guardianship of the new version of "The Guarantee Law of the Senior Citizens’ Rights and Interests" has not even cover as the selection and appointment, alteration, termination and rights of guardians. And these aspects will become the emphasis of this thesis’analysis.This thesis mainly uses systematic analysis in combination with our country’s practice and legislation to analyze the necessity of perfecting our country’s elderly guardianship. At the same time, this thesis will also adopt comparative analysis by researching the common international practice and the particular legislative progress made by both the common and civil legal systems so as to inspire China’s effort to perfect the elderly guardianship system. Then it will specifically penetrate into the drawbacks of our current system on the basis of which we can improve relevant defective systems.Faced with the Civil Code which will soon be drafted up in China, the writer also expects that China’s elderly guardianship system in civil law will get much more mature by the means of this thesis’analysis with an intention to get our current laws and regulations more accustomed to the social development course, to relieve the tough situations of China’s population aging. In this sense, it will undoubtedly help China to keep in line with the international standard to protect senior citizens’rights and interests.