The Guardianship System By Research In China

Since the middle and late 20 th century,the world has experienced an aging population.How to protect the normal life of a large number of elderly people brings challenges to the social system and legal system.The legal guardianship has been unable to cope with the problem of the guardianship demand of a large number of elderly people.Each country has a common civil law topic,namely how to change the old guardianship system to solve the aging population monitoring dilemma.At the same time,the deepening of the concept of human rights has made countries aware of the absolute limitations of legal guardianship for people with disabilities.The single mode of legal guardianship does not provide adequate support for people with disabilities,and restrictions are often greater than protection.Accordingly,each country successively builds the law to establish the meaning to decide the guardianship system.With a more flexible and autonomous system,it offers the opportunity to provide free choice for those who need protection.By means of the supervision,the elderly can choose their own guardian subjects before their physiological function degenerate,so as to prevent them from getting old.By means of means of supervision,people with disabilities can be properly monitored rather than over-monitored.In view of China,the aging trend is generally not optimistic,and the aging population monitoring and nursing care system is increasing.It is gratifying that,on the basis of the first trial of the law on the protection of the rights and interests of the elderly,the general principles of civil law in our country has established the system of supervision.Therefore,based on the background,experience and content research,the author will analyze the deficiencies and combine the useful experience abroad to make Suggestions.This paper is divided into four parts: the first part,the establishment of the Chinese idealized guardianship system.This paper mainly studies the background of the establishment of China's idealized guardianship system,the legislative experience of the law on the protection of the rights and interests of the elderly,and the basic contents of the supervision system in the general provisions of the civil law.In the second part,the author analyzes the rules and regulations of the foreign countries,and analyzes the advantages and disadvantages of the system.The third part,it is pointed out that by monitoring system in our country,the disadvantages of the system of ontology,the parties responsibilities unclear boundary problem,and begins with a capacity for monitoring the premise of,cause the system using the scope is narrow,neglecting the diversity of care for the disabled needs.Moreover,due to the limitations of the general rules,the completeness of the system is inborn,which is mainly due to the lack of supervision mechanism and supporting procedures.In the fourth part,the author puts forward the corresponding perfect path for the deficiency of the system.