| With the arrival of the aging society,China’s elderly population is large in scale,growing rapidly and showing a potential picture of being elderly before being rich.Meanwhile the relevant legal provisions of aging population in China are mostly the principles for protection,lacking auxiliary measures to meet the individual needs of the elderly.The improvement is necessary.Most countries in the world are in or have completed the reform of adult guardianship system.The elderly guardianship system is a part of its most important content,which core idea is to "respect the right of self decision" and "to maintain a normal life". In 2012, China revised Law on the Protection of the Rights and Interests of the Elderly,in which provision twenty-sixth identified guardianship system. But the principle of legal provisions is not enough.To cope with the challenges of the aging population in the country, and to co-ordinate internationally,it is crucial to improve the elderly guardianship system in our country in the future Civil Law and the relevant legislative system. From a theoretical point of view, the study of the elderly guardianship system can make up for the inadequacy of the guardianship system in our country,especially the shortage of the adult guardianship system.From a practical point of view, the study is able to provide legislative suggestions for China’s elderly guardianship system and to help the country get prepared for becoming an aging society.The author analyzed from four aspects how to perfect our country’s elderly guardianship system legislation and how to protect the legitimate rights and interests of the elderly better.The preface discussed the background and significance of the topic, and emphasized the current situation of our aging society, the content of the newly revised Law on the Protection of the Rights and Interests of the Elderly,as well as the theoretical and practical significance of the study of the elderly guardianship system.First, by using the method of concept analysis and value analysis,the author discussed the concept of elderly care and the establishment of the elderly care system. In this part,the author set up a theoretical framework of the elderly guardianship system, and further analyzed the necessity of establishing the elderly guardianship system in china.Then the author described the current situation of the elderly guardianship system in China by displaying and explaining the related legislation in the country at present. Through analyzing the gap between ideal and reality, the author pointed out the deficiency of China’s elderly guardianship system in the legislative system, idea and concrete regulations. In the next part, the thesis made a comparative law study on the elderly care systems by introducing the civil law countries such as Germany, Japan, France, Anglo American law countries such as the UK and the America adult guardianship system reform.A thorough analysis of the adult guardianship system reform in the two law systems provided the theory support and reference to perfect China’s relevant legislation.The last part,which is the most important part,of the thesis is the author’s thinking resulting from the systematic study of the advanced foreign experience in the concerned legislation. The author tried to put forward a sound elderly care system in China by combining the internationally advanced concept of legal guardianship legislation with China’s national condition.Aiming to amend the deficiency of the specific legislation pointed out in the second part,the author proposed her legislative advice from eight aspects, namely to establish the elderly guardianship system, to expand the scope of person under guardianship, to establish guardianship at different levels;to adjust the guardians when necessary,to establish the public sector guardianship, to identify the guardians’ rights, to support the establishment of the guardianship agreement registration system, to set the guardianship supervision mechanism,and to safeguard the implement of the elderly guardianship system. |
