Study On The Legal Protection Of The Behavior Of Elder Abuse In China

The elderly in a weak position is easy to become the object of others violation in the society as a whole. Due to the recession of physiological function and its ability to resist disease and the redistribution of social interest, the interests and needs of the elderly are susceptible to ignore. At present, our country has entered an aging society and become the world's most populous country in the elderly. Over 60 elderly populations up to 2.12 million has accounted for 15.5% of the total population. Social endowment way is changing from the traditional family pension mode to social endowment mode transformation. Growing problem of an aging population has become an obstacle to the further development of society. The newly revised “the protection of old people's rights” came to take effect on July 1, 2013; we see a lot of bright spots from the provision. Overall, the revised law continues the original consistent legislation idea. The revised law act lack of deterrence, it is not enough to give the old of full protection, and it is not enough links to the relevant laws and regulations.First of all, in this paper, it makes a general introduction about the old man abuse, civil rights relief theory and the theory state obligations on the basis of related literature at home and abroad. It point out that the legislation in the future to protect the elderly must adhere to the principle of civil rights relief; it must abide by the obligation of national boundaries.Secondly, it introduces the present situation of our behavior law of elder abuse prevention, points out that the current legal protection behavior of elder abuse has many problems, Including poor legislative environment, imperfect supporting law and weak Interoperability, etc. Then this paper introduces the behavior of other countries experience to prevent elder abuse and the reference. It point out that draw lessons from foreign advanced experience purpose is to absorb advantages and legal protection of elder abuse muse to fully take into account the reality of our country national condition.Again, in this paper, it puts forward some suggestions about the perfect legal mechanism to prevent behavior of elder abuse in China. In this paper, what refer to the abuser mainly refers to the person as an individual. Including a clear boundary of legal protection, perfect compulsory punishment to innocent behavior of elder abuse, the introduction of civil protection order system, the lighter burden of proof of elder abuse, Improvement of the behavior correction mechanism of elder abuse after lawsuit, etc.