A Preliminary Study Of The Old People's Guardianship System

As a big populous country in the world,the proportion of the elderly population is huge.According to the judgment criteria of the international aged society,our country has entered an aged society since 2000,and the population of the elderly has been increasing year by year.In addition,the implementation of the family planning policy in our country As a result,the family structure has changed.Many families have only one or two children and their children are under increasing pressure to provide for the elderly.Under this background,merely relying on the support of their children to settle their own old age can not fully cope with the current problem of providing for the aged in an aged society.Since the level of economic development in our country is not yet developed,the problem of population aging has posed enormous challenges to both the national economy and the people's livelihood.The applicable objects of our country's traditional guardianship system mainly fall into two categories: one is a minor;the other is a mentally ill person;while there is no legal regulation on the custody of the elderly.However,if the traditional guardianship system is applied to guardianship of the elderly,it will lead to the fact that elderly people with ample civil capacity can not arrange their own later years in life according to their own desired lifestyle.This is not only a violation of the will of the elderly,the restriction of their behavior,but also the disregard of the right to self-determination.This is not only inconsistent with the principle of autonomy in our country,but also contrary to the international concept of human rights today.In order to better cope with the many problems and urgent needs of the aging society in our country,in 2013,the twenty-sixth item of the law on the protection of the rights and interests of the elderly in People's Republic of China(hereinafter referred to as "the elderly law")is the first to legitimize the elderly self-determined guardianship system,which is a great breakthrough in the development of the guardianship system in our country.Article 33 of the "General Rules of the Civil Law of the People's Republic of China "(hereinafter referred to as "the General Rules of Civil Law")implemented in 2017 has formally proposed the system of elderly people's self-determined intends to provide strong impetus to the development of the system of guardianship for seniors in our country.Although both the "Law on the Elderly" and the "General Rules of Civil Law" are concerned with the system of elderly people's self-determined,we can easily find out that our country's rules on the system are only principle,and are relatively unimportant and not very good deal with the real problems facing real life.And there is no detailed and specific provisions on the establishment,entry into force,change,termination of the self-determination contract for the elderly and supervise guardian guardianship behavior.This article preliminarily studies the system of elderly people's self-determined intention to find out the shortcomings of our country in the system at present,and puts forward feasible suggestions through the combination with our national conditions so as to realize the legislative goal of the system and earnestly safeguard the interests of the elderly,so that the majority of older people can really enjoy the life of the aged.