Research Of Mandatory Guardianship System For The Elderly Who Lost Independence In China

In recent years,the elderly who lose their single child have attracted great attention all over the country.Since 1980,when the state took family planning as the basic national policy,the population growth rate has slowed down a lot,the party and state leaders have made great plans for reform and opening up,and the economic strength has become stronger in the international competition.However,the biggest "victim" under this policy is the elderly who have lost their independence.They have to face pressure from all sides,such as old-age care,medical care,residential travel,and so on.At present,the vulnerable group,the elderly losing independence,is growing faster than the social development rate.The enormous nature of this group is not only a paper problem,but a social problem in front of us.For the aging state of our society,the traditional guardianship system has been unable to keep up with the progress of the society,so it is decided that the guardianship system can not keep up with the progress of the society.Some domestic experts and scholars have studied and analyzed the relevant laws and regulations in developed countries,and formally promulgated the newly revised Law on the Protection of the Rights and interests of the elderly in 2012.In this law,the new concept of guardianship system for the elderly is proposed for the first time.This system promotes the improvement of the law and the progress of social welfare in our country,and is a new breakthrough in the legal history of our country.In mid-March 2017,article 33 of the newly promulgated General principles of Civil Law established the system of guardianship for adults.Therefore,intentional guardianship has really risen to the level of law,and it is a huge innovation in the history of civil law and even the whole history of law in our country.The contrast between the deficiency of America and the laws of some developed countries is dwarfed by the contrast.According to the basic situation of our country at present,we can clearly see that the system of intentional guardianship in our country still needs to be further improved.On the basis of reference to the advanced legislative experience,this paper,on the basis of reference to the advanced legislative experience,has found that there are still many aspects that need to be improved through in-depth study.In the light of the specific conditions of our country,we have put forward the perfect opinions on the system of the care of the old and the old people in our country.The full text is divided into four parts:The first part expounds the basic theory of the system of the self-defined guardianship of the old and the old.Based on the analysis of the definition and analysis of the old man,the guardianship system and the system of self-determination,the author analyzes the origin and development of the system by means of the horizontal comparison of the fixed guardianship and the related system,and the longitudinal analysis of the relevant foreign legislation.On the basis of this,the theoretical basis of the establishment of the system of the surveillance system of our country is derived.The second part,in combination with the current judicial practice in our country,describes the current situation of the system of the current legislation status of the system and the real-time monitoring system.Application condition.Put forward the problem,analyze the problem,solve the problem of thinking path.The third part is based on the fact that the legislative style of guardianship system is not scientific and the qualification regulation of guardianship subject is not clear.The lack of specific regulations and the lack of corresponding supervision mechanism put forward the reflection on the guardianship system of the elderly who have lost independence in China,and analyzed the reasons.The fourth part first puts forward the necessity of perfecting the guardianship system of the elderly who have lost independence in our country.Secondly,according to the meticulous provisions of the guardianship agreement of the elderly who have lost independence,the supervision mechanism of the guardianship system of the elderly who have lost independence is constructed.And through the codification of the Civil Code,the loss of our country has been improved.The legislative style of the independent guardianship system for the single elderly puts forward some suggestions on the perfection of the guardianship system for the elderly who have lost independence in our country.