Research On The Old-aged Guardianship System

At present,the aging population in our country is more and more large,the aging speed is getting faster and faster,and the maintenance of the life and interests of the elderly are becoming more and more important.However,the traditional guardianship system based on the premise of behavior capacity can not adapt to the requirements of modern society,and there is obvious hysteresis.At the same time,because of the shortcomings of the current legislation of the guardianship system for the elderly in China,it is necessary to analyze the legislation of the guardianship system for the elderly in our country,through the current legislation to explore limitations of the elderly guardianship system on the capacity of behavior,guardianship levels,custody contract and procedures,and other aspects of limitations.The adoption of "General principles of Civil Law of the people's Republic of China"(hereinafter referred to as "General principles of Civil Law")clearly stipulate the mind-set guardianship system.This is for the elderly guardianship system in China,which not only enriches our way of guardianship,but also improves the guardianship system.However,the existing laws are not complete,the specific measures of the elderly guardianship system are not clear enough,we need to improve the elderly guardianship system to make it specific and clear.At the same time,we should strengthen the operability of the elderly guardianship system to make up for its shortcomings and to cope with the development and impact of society.In view of the applicable premise of the elderly guardianship,the selection and appointment of the guardian,the relevant provisions of the guardianship contract and the guardianship supervision system and so on,we improve it mainly from the following aspects: first,The applicable premise of the elderly guardianship should not be based on the capacity of behavior,and accordingly we put forward a variety of guardianship levels to make guardianship system of the elderly in China more reasonable and can be adapt to all kinds of elderly people.Second,in the choice of guardians and guardianship contract,we point out specific procedural measures to further concretize our system of guardianship of the elderly to make it more operational.Third,on the guardianship supervision system,we specifically analyze the necessity of guardianship supervision system and the specific contents of the supervision organs and supervisors to supervise the guardianship behaviors of guardians,to better urge them to perform their duties,and then to safeguard the legitimate rights and interests from both sides,to make the guardianship system for the elderly in our country more specific and clear.So that we can effectively protect the legitimate rights and interests of the elderly.