Research On The Elderly Self-determined Guardianship In China

“Elderly Protection Act”,which amended by committee of the 11 th National People’s Congress, had been passed and promulgated on July 1, 2013.This revision firstly established the elderly guardianship system and set up the “intended guardianship” principle which made a breakthrough as it before in the legal system of Guardianship. Meanwhile it was more than 10% population had become the old(the man whose age up to 60) since the beginning of 1999, which indicated that Chinese mainland had been formally into a society of aging. By the end of 2011, the amount of national population who up to 60 had been increasing to 18,499 which occupied 13.7% of the total population. Unfortunately, aging population is not only a real problem for individuals and families, but also not benefit of the development of political, economy, culture, society and so on. Taking positive steps to solve this problem relates to people’s livelihood, national prosperity and long-term stability of society.On the one hand, amendment of “Elderly Protection Act” had influence on the protection of the aged people. It played an important role not only helping to strengthen the right of the aged People’s, but also improving the quality of life satisfaction and happiness of aged people from all aspects. On the other hand, the care-system of “the aged” doesn’t completely construction, especially the intended guardianship principle has also in prototype previews. What’s more the content of article 26 are too abstract to operate. Therefore the principle of intended guardianship system still needs to further research that can make it perfect.This article mainly discussed the principle of China’s elderly intended guardianship, how to establish the mechanism of principle, and making suggestions to solve this problem. All these content covered from five aspects. The first part is an introduction on studies of problem, the background, and significance. The second part is an overview section, mainly describes the concept of the elderly intended guardianship system, including the original of principle, development process. The third part analyses the elderly intended guardianship system and focuses on the issues where there is a lack of specific content, and then find out reasons, so as to demonstrate the necessity of improving the system. The fourth part, through comparing to principles in other counties, absorbing some effective solutions from outside to build our own. Come to a conclusion after analysis of the necessity and feasibility on improvement of the elderly guardianship system. The fifth part, this graph aims at making some recommendations for this issue, revealing the defects and difficulties hard to practice well, giving my own advise lastly. For my perspective it is good for the protection of the rights of the aged,which makes a very important significance.