Research To Improve China’s Elderly Guardianship System

China now has in depth aging stage.From the sixth census data show that China as early as the end of2010, at60years of age or older reached178million.Expects to The12th Five Year Plan, Chinese elderly population will reach221million people.Currently, in this huge place population groups, senior citizens over the age of80has exceeded20million.In the basic life exists inconvenience disability, semi-disabled elderly about3,300million people.Seniors wave side is blowing, the other side is China’s rapid economic growth.Accompanied by dramatic changes in society in transition occurred,the implementation of family planning policy for many years.The relatives of the status quo so that the original endowment has been the main mode of Chinese pension seniors have to face the imminent challenge.Nobody lost a large number of independent elderly care, elderly people and children are not around the phenomenon is also quite common.Some children face arduous work to take care of the elderly appeared on the measure of interest.In judicial practice, involving elderly persons, property disputes are very frequent.Damage to the interests of older cases occurred frequently.In order to effectively protect the legitimate interests of the elderly, our urgent need to improve and perfect the legislation elderly care system.Our original guardianship system does not involve the elderly care provisions, significantly behind the development and needs of the community.By the end of2012China revised the "People’s Republic of China elderly Protection Law", from the legal aspects of the rights of the elderly for a more systematic protection of older persons into custody system.However, the provisions of the Framework lack of filling specific implementation details, either on the right or guardian appointment and removal of guardians, change and termination are blank, but does not provide for guardianship system monitoring approach.This makes the law difficult to achieve the desired specific implementation in practical effect.The above issues are important aspects of this paper is to explore.This paper is divided into four parts:The first part is to ask questions, with system analysis method, from a detailed analysis of the Chinese system of elderly care legislation at this stage, pointing out that the improvement of care for the elderly care system construction, there are still the object does not contain the elderly, guardianship form a single, lack of respect for the elderly surplus meaning, guardians elected, at six major gaps and lack of oversight mechanisms inadequate and guardians the right to terminate the system requirements.The second part is to analyze problems, explore the legal basis of the elderly care system from the most basic legal theory.Guardianship system from the top down to the elderly care system in order to clarify the relationship between the level of clear concepts.Also for the guardianship system and other different types of guardianship,"elderly", from the development of the concept of human rights, legal paternalism, the concept of self-determination and capacity means the ability of these elderly care and closely related theory to provide a solid theoretical analysis foundation.The third part of the use of comparative analysis, learn from the advanced experience of other countries’ legislation.In civil law legal systems of classification and major national common law guardianship system were analyzed and compared and summarized the main features of the legislation of foreign guardianship system in the elderly. In order to improve our elderly care system to provide a useful reference.The fourth part made specific recommendations to improve, but also innovation of this paper.In the first part of the imperfections of the current elderly care system and improve the feasibility and necessity was the premise of the second part is a sound theoretical basis for elderly care system, in accordance with Part IV of the extraterritorial relevant comparative reference system proposed uphold legal principles necessity, complementary, best interests, etc., for the elderly guardianship system update applicable standards, refined type of use, establishing a guardian qualifications, propose specific guardianship, as well as aspects of being a guardian to establish reserves the right to improve the monitoring and supervision and feasible recommendations to improve the system, and the design of specific provisions.With a step by step process of promoting the Chinese Civil Code, the elderly care system will also gradually improve.I hope this article for suggestions to improve the civil law system of elderly care can contribute to the content of the proposed amendment of existing laws and regulations to face the aging of society, to protect the legitimate interests of the elderly population, in order to make China’s elderly can really make their own little dignity modest.