Research On The Legal Protection Of The Rights And Interests Of The Elderly In China

In the global "silver wave" swept today,China's elderly population is increasing,Our society has entered the aging state,the arrival of an aging society,has caused a large number of social problems,in the face of the increasingly severe aging social situation,how to more effectively protect the rights and interests of the elderly,It is a subject that our government and society must face.China's promulgated National Human Rights Action Plan(2016-2020)has made perfect provisions for safeguarding the rights and interests of the elderly.At present,China has formed a "seniors' rights and interests protection law" mainly,law enforcement departments continue to improve the protection of the rights and interests of the elderly initiatives,and China's judiciary is also actively adapting to the development of the cause of the elderly new requirements,and constantly provide new judicial protection for the elderly,the protection of the rights and interests of the elderly has been better developed.However,there are still many shortcomings in the legal protection of the rights and interests of the elderly in Our country.First of all,China's elderly rights and interests protection research started late,and not enough attention,resulting in the legislative concept lag,weak legal operation,the final introduction of the rights and interests of the elderly protection law is empty;Again,older people affected by the idea of "and expensive" are reluctant to litigate,or are often unable to participate in court proceedings due to physical and mental conditions.Therefore,we should learn from Japan and Germany to protect the rights and interests of the elderly advanced experience,to develop a set of suitable for China's national conditions of the rights and interests of the elderly security system.In terms of legislation,it is necessary to improve the relevant supporting laws,regulations and policies to supplement the protection of the rights and interests of the elderly under the guidance of the new legislative concept,and to improve the formulation of local laws and regulations,so as to protect the legitimate rights and interests of the elderly.In law enforcement,to establish a unified law enforcement department,to ensure that the supervision department is independent of law enforcement departments,as soon as possible to establish a set of unitary old-age security and medical security system,the government should give full play to the leading role,on the one hand,improve the medical insurance syst em for the elderly,On the other hand,encourage and support the development of various old-age families,including family and community old-age care,continue to build a "service-oriented government",in the judicial aspects of the elderly cases should be given priority,in the application for identification or litigation preferential treatment,the establishment of a special court for the elderly,to further improve the content of legal aid.To create a social environment to protect the rights and interests of the elderly,to provide conditions for the elderly to realize their ideals,To build a social old-age care system based on home,community-based and supplemented by institutions,on the basis of safeguarding the material rights and interests of the elderly,we should also attach importance to the spiritual support of the elderly,and family members such as children separated from the elderly should visit the elderly regularly.