Construction Theory Of Guardianship System In Our Country's Legislation

China has entered an aging society since 2000,however,the existing guardianship system of the elderly is lagging behind the development of the aging society,which can not meet the needs of the current economic and social development,so it is urgent to construct or improve relevant laws and regulations to solve this problem.There are many deficiencies in our guardianship system,the main reasons lie in the lagging ideas of legislation and provisions remain drawbacks and deficiency.There are problems such as broad scope of objects,unreasonable selection of guardians,unclear monitoring procedures,unclear rights and obligations of guardianship,imperfect monitoring system,and lack of supervision mechanism,etc.With the development of international human rights concept and the need of Chinese reality,it has become a proper choice to construct the guardianship system of the elderly in China.Specific to the construction of the elderly guardianship system,it can be perfected from the following aspects: the legislation of the elderly guardianship system,definition of the protected objects,the selection of the guardians,to clarify the commissioning,repeal and termination of the guardianship procedure,to clarify the rights and obligations of both parties,establish the matched registration system and the supervision mechanism.