Study On The Aged Care System

China is the first country to enter in the aging population around developing countries. As the economic level, old-age insurance, social welfare and many other underdevelopment, the protection of elderly vulnerable groups about the rights and interests is increasingly prominent. At present, China's legal provisions related to the elderly guardianship is very lacking, the only about general provisions. Based on the analysis of the old guardianship system and the concept of advanced guardianship system in foreign countries, this paper puts forward the idea of perfecting the system of guardianship of old age in our country with the background of the aging of the population and the draft of the Civil Code. The main structure of the paper are the following aspects:The first part mainly introduces the basic theory of the old guardianship. Including three aspects:First, the meaning of old-age care; Second, the origin and development of elderly guardianship:Third, the need to improve our old guardianship system. Through the origins and development of the guardianship of the aged, the necessity of perfecting the old guardianship system in our country is explained.The second part mainly analyzes the provisions of the General Principles of Civil Law, the Opinions of the People and the Law on the Protection of the Rights and Interests of the Elderly. At the same time, combined with China's ongoing drafting of the "Civil Code" of the relevant content, the writer analyzes the present situation and defects of the legislation of the elderly custody.The third part is the comparison and reference of the legislation of the aged guardianship system in foreign countries. Including three aspects:First, the civil law countries under the capacity of the elderly lack of capacity to provide a different type of protection methods, such as Japan, French and Germany, they are based on the extent of the lack of capacity for the elderly; Second, Anglo-American countries are almost the same in the type of custody and civil law countries, but for drug users and alcohol dependence who created a guardian of the agent in the United States; Third, by comparing the two legal systems of learning the elderly guardianship system, concept, the object of custody, custody supervisors and finding that it is so worthy of learning and reference.The fourth part is the purpose of this article. Based on the study of new guardianship idea, this paper puts forward some suggestions on how to improve the guardianship system of old people in the aspects of the objects of custody for the elderly, the scope and order of the guardians, and the guardianship supervision and the guardianship. Such as a clear guardian duties, the effectiveness of the registration of the intended to monitor and so on. But is not enough to solely rely on the custody of a system, the need for a variety of system interaction is necessary.