Research On The Legal Issues Of The Development Of Old People's Human Resources

With the deepening of China's aging,especially after entering the deep aging society,a large number of elderly people quit their jobs.Many of them still have a strong demand to continue to serve the society,but because of the system and various reasons,their demand has not been well responded,resulting in a large number of idle and waste of human resources for the elderly;on the other hand,China is facing a very serious talent shortage.In this context,it is undoubtedly of great practical significance to study the development of human resources for the elderly.Based on this,the article starts from the development and utilization of the economic and social value of human resources for the elderly,and takes Marx's thought of all-round development of human beings and Maslow's theory of needs as the theoretical basis for the article.It is concluded that the ultimate starting point and end point of dealing with the aging problem must be to promote the all-round development of human beings,to fully understand,correctly understand and follow people's coping with the aging problem The ultimate starting point and end point is to promote the overall development of the elderly.Therefore,proper labor is an important way for the elderly to realize their self-worth.Through the basic policies and legal provisions on the development and utilization of human resources for the elderly from the central level(taking the time axis as the line)and the local level(taking the differences between different regions as the line),we can understand that the current relevant provisions in China are scattered in the constitution,the labor law,the employment promotion law,the law on the protection of the rights and interests of the elderly and the vocational education In the laws and regulations such as education law,most of them are of principle,without specific and detailed measures;on the other hand,they are basically regulated by administrative regulations,and all of them have obvious characteristics of being acute and temporary,with low authority and science.In terms of legal rank,administrative regulations must be formulated in accordance with the Constitution and laws.However,the relevant laws,regulations and policies in China are not unified or even contradictory,resulting in problems such as ineffective and lax law enforcement.From the perspective of national guiding ideology,since entering the new era of socialism,the guiding ideology of the state on "aging problem and aging work" has not entered a new stage with a broader vision,and failed to grasp the problems of population aging and the reuse of human resources for the elderly in a scientific way with an overall thinking;from the perspective of the concept of the public,age discrimination and the general existence In the pessimistic view,it overemphasizes the negative impact of population aging on economic and social development,regards the elderly as "burden" and "burden",and regards the elderly stage as a life stage of inaction,hopelessness and vitality.Through the introduction of the legislation of other countries,regions and international organizations on the development and utilization of human resources for the elderly and their opinions,and further based on the data of Japan,South Korea,the United States and other representative countries,this paper analyzes the content and characteristics of the main laws of these countries.Fully use for reference its experience,and combine the actual situation of our country to analyze and summarize the development of human resources for the elderly.As the key element to deal with the aggravation of "aging",it is very important to embody the advanced value concept in the legislative protection and implement it to the relevant legal system.From the perspective of "Contradiction View",we should not only stand on the global stage and clarify the universality of the aging problem,but also based on China's national conditions and clarify the particularity of the aging problem in China.From the perspective of respecting the old people's right to work and its self-realization,it is one of the basic rights of citizens stipulated in the constitution to understand the right to work.Therefore,the one size fits all approach taken by our country after retirement,which is not protected by the labor law,is unreasonable and legal.The right to work of workers should not be restricted or deprived due to retirement,which should be improved.The object of geriatric law is the legal phenomenon and its development lawin the field of geriatric law,which includes the basic theory,specific regulations and comparative research of geriatric law and geriatric law,so as to build a systematic and complete disciplinary system of geriatric law.Despite the development of the legislation of the law of the aged in China,there are still some problems,such as the insufficient coverage,the lack of science and the inability to fully meet the needs of the situation of the aging of the population.It is urgent for the state to incorporate the legislation on the development and utilization of human resources for the elderly into the construction of the legal system for the elderly.Therefore,China should gradually establish the relevant system of "development and utilization of human resources for the elderly",the first step is to incorporate it into the current labor law and other amendments;China's labor law is a principle provision in the development of human resources for the elderly,and there is no specific detailed measure in the employment promotion law.In the special chapter of "fair employment",it is aimed at women,ethnic minorities,disabled people and infectious diseases Patients and rural workers have made non-discrimination provisions,but there is no discrimination against the elderly.Therefore,it is necessary to modify the corresponding provisions of the labor law and the employment promotion law,and formulate the Employment Promotion Law for the elderly when the time is right.Specifically,we can start from the legislative objectives and scope of application to promote the ability improvement of the elderly workers and equal employment opportunities;discuss the accusations,obligations and legal responsibilities of the government,employers,trade unions and other subjects;accelerate the establishment of the age discrimination system to prohibit the elderly employment from the aspects of the form,scope and how to identify the age discrimination;establish the continuing education and training of the elderly workers Training support system,making full use of all kinds of educational resources to promote the opportunities for the elderly to improve human resources.During this period,China can learn from many developed countries to deal with population aging,but this is not a simple institutional arrangement.It involves not only the improvement of relevant labor legal system,but also the connection of social insurance system and other social security measures,as well as the support of national employment policy.Only by overall planning and reasonable arrangement can we form a favorable situationIn the legal environment of the development and utilization of human resources for the elderly.