Research On The Old-aged Guardianship System

Guardianship system is an important system of protecting the legal rights and interests of the elderly.Under civil law context of elderly care elderly guardian of the person, property and other legitimate rights and interests of the elderly to implement supervision and protection.Essence of elderly care is a responsibility, both public and private law of the dual attributes.In jurisprudence vision in the elderly care system is able to realize the value of justice, in line with the requirements of international human rights concept.Care of the elderly will be positioned sociological theory foundation for the realization of personal and social development.Elderly care system covers a specific system set up elderly care, implementation, monitoring and other factors.Elderly care is based on the establishment of the elderly mental defects and mental disorders, can not accept the meaning of discrimination or judgment issued by means of a standard, but to go through the declaration of registration.Monitoring the implementation of the elderly should be taken into account is the guardian of the mind, life, and being a guardian or without interest or other reasons.Elderly guardian guardian of the rights enjoyed by the main physical custody and property management rights, the elderly guardian guardianship responsibilities for the elderly elderly care and physical and mental health.Mainly elderly guardianship supervisory authority by the court, the neighborhood is the guardian of residence, the village served, whether the duty is to supervise the guardian guardianship fulfill obligations to safeguard the interests of the elderly.The aging process of our old before getting rich in reality pressure, weakening and traditional "filial piety" cultural values of family pension fade function, gave our legislation brings obstacles.Since the concept of legislation and legislative system lag unscientific, China has not yet established a complete legal system of elderly care, mainly in the absence of legislation,"Civil Law" in the guardianship of minors and the mentally ill only object,"elderly Protection Law "provides only the meaning given custody but no specific implementation methods meaning given guardianship.In addition, China’s urban and rural medical security system is not uniform, old-age security pension system "dual track" problem institutions and pension contradiction between supply and demand.Our elderly care system should be to "respect the autonomy of decision" for the legislative concept of "elderly care system placed in family law" for the legislative system.In the specific design of the system, including expanding monitoring object can not handle the physical and mental impairments own affairs and have accepted the need for long-term care disabled elderly; clear elderly guardian’s duties carried out in accordance with the wishes of the elderly care for their persons and property; establish guardianship monitoring system, including monitoring the supervision and the monitoring of supervisory authority.Government to establish a unified health care system, be merged pension reform, while "home care" based, vigorously promote the diverse community endowment pension system, pension and other institutions combine and complement each other, and establish a three-dimensional, full elderly care system.