Research On The Elderly Self-determined Guardianship In China

The world has begun to appear the phenomenon of population aging since the beginning of the last century,the increase in labor costs leading to the disappearance of the demographic dividend.At the same time,respecting the right to self-determination,maintaining the normalization of life and other international human rights concept was recognized by advanced countries,driven by these factors the international community has joined the tide of reform of the elderly guardianship system.Although the aging society appear late in China relatively,the pace of development is far faster than other developed countries,the elderly guardianship system generated under the parties called for.But the system has only one framework of the provisions,The new?General Principles of Civil Law?carried out a lot of perfect provisions of the adult care in the guardianship system section,but based on the particularity of the elderly,there are many problems did not improved.Therefore,it is necessary to study the Elderly Self-determined Guardianship in China.The main contents of this paper are as follows:Firstly,This paper takes the basic theory of the system as the starting point,after clarifying the difference meaning of self-determination and statutory guardianship,commissioned guardianship,family support,understanding the basic concept of the system and the development process furtherly.Secondly,on the basis of elaborating the guardianship legal provisions of?Protection of the Rights and Interests of the Elderly?and?General Provisions of Civil Law?,which existing problems are summarized as follows:which have full civil ability as a guardianship agreement prerequisite does not meet the international trend;the provisions of the established of the contract is imperfect;the reason for the termination of the guardianship agreement is not perfect;the priority of the guardianship agreement is not regulate;and further analysis the reasons behind the problem is not accurated of the family pension.On this basis,this paper uses comparative analysis,we focus on the analysis of the German foreign care system,the Japanese arbitrary guardianship system and the Anglo-American continuous agency system in view of the problems existing in our country.Finally,this paper puts forward the following suggestions on the basis of drawing on the advanced international experience and combining with our national conditions:The subject has the understanding ability of the elderly as a prerequisite for the agreement;increasing the right to request the remuneration of the guardian;added the registration system to ensure that the contract is true and effective;which relating the termination of the guardianship agreement,the guardians resign based on reasonable reasons,the Guardian in the corresponding Meaning capacity terminated the contract can also be included;provides that in general,the priority of the guardianship agreement.