Protection Of The Rights And Remedies Of Older Persons

The human society is gradually entering a whole new era of aging, agingchallenges our country faces, especially the elderly protection of the rights andremedies of the era of aging challenges. China has always attached great importanceto the coming year people full protection of the promulgation and implementation ofthe elderly Protection Act with relief issues, as early as in1996, has played animportant and active role of the legitimate rights of the elderly and relief. With thetransformation of China’s socio-economic and cultural structure, in particular theincreased population mobility and the emergence of new ideas, the traditional familyas the center of the pension model show a weakening trend, protection and relief ofthe rights of the elderly face many problems. August25,2012, the8th Social PolicyForum was held in Beijing to reach a consensus on the social security system of theelderly in the aging society that should gradually establish universal coverage, moreeffective, more equitable system of protection of the rights of the elderly, with a focusfocus on special groups needs of older persons, and to promote the protection andrelief of the rights of the elderly. In this context, this paper, through the analysis of thelaw of the conservation status of the elderly, focusing on how to strengthen the rightsof the elderly, better protection and relief.The article is divided into three main parts:The first part, the first definition of the older age groups, the analysis of thecharacteristics of the elderly groups, that the elderly population with a decline insocial status, cognitive capacity weakening property to basic loss introduced olderpeople as a vulnerable group "weak where, again from the front on the rights enjoyedby the elderly as well as from a negative description of the typical form of the rightsthe elderly are likely to be violated, the final analysis of the significance of theprotection of the rights of older.The second part, mainly from the point of view of the legislation, the socialsecurity system and the rights of the elderly relief analyzed the current situation of ourcountry’s legal system, and that the current status of our elderly Protection Act BasicLaw is not clear, the legal system is uncoordinated, non-uniform inadequate social security system covering power is weak, the remedies did not fully consider theprotection of the rights of the elderly and special relief and the the elderly protectionof the rights and remedies exist many problems, a serious impact on the protection ofthe rights of the elderly and relief. And from the socio-economic, cultural sights onthe consequences of the reasons.The third part, mainly analyzes the foreign advanced country elder rightsprotection and relief of advanced experience. The current world Elderly RightsProtection and relief pattern mainly has two modes: the scattered legislation guaranteerelief pattern and special laws relief mode. This paper analyses the German, Japan andthe United States of America in the elderly rights relief and security system, toimprove our elderly rights relief and security system to provide foreign experience forreference. The fourth part, in reference to the foreign advanced countries, humanrights protection on the basis of experience, combined with China’s nationalconditions, the article puts forward from the legislative point of view, to promote therights of the Elderly Security and relief of legal harmonization and unification, andeffectively improve the elderly rights and rights relief legal safeguard ability. At thesame time, trying to explore the elderly social endowment insurance, medicalinsurance and other social security system realization way, improve the elderly rightsrelief, cogent safeguard the rights of the elderly and the realization of face tort can beobtained when the effective relief. The fifth part, the article mainly from theperspective of judicial relief of the rights of the elderly to improve the judicial reliefsystem, the article puts forward, should pay attention to the rights of the elderly reliefappeal before the guidance and legal aid work, in the elderly the procedural rules,should establish the old court, promote the rights of the Elderly Security andmaintenance, further according to the characteristics of older people perfect olderprocedural rules, and further improve the elderly persons priority action system,ensure the rights of the elderly in the realization of judicial relief.