The Protection Of The Rights And Interests Of The Elderly In The House-for-pension

House-for-pension is a new model of pension.Since it was introduced into our country,numerous credit companies,banks,real estate agents,pawn shops,and even underground banks have discovered this emerging market.Criminals devised a form of "borrowing + entrusted house sales" routine loans to circumvent laws and encroach on the real estate of the elderly,which greatly infringed the rights of the elderly.Firstly,this article defines the concept of “routine loans” for house-for-pension,and conducts a legal analysis of the cases to sum up the specific types of such cases that infringe on the rights and interests of the elderly.Secondly,by combing the existing laws and regulations on “routine loans” for house-for-pension,this article finds that the system lacks protection for the rights and interests of the elderly.It mainly includes the insufficient protection for the property rights of the elderly by the Law on the Protection of the Rights and Interests of the Elderly,the deficiencies in the guardianship system for the elderly,the lack of a strong restraint mechanism by the notary,and the inadequate supervision of pension financial companies.Then,it introduces the experience of house-for-pension system in such developed countries as the United States,and draws on the beneficial experience to protect the rights and interests of the elderly in China.Finally,by combining with the system defects,this article puts forward specific legal measures to regulate the “routine loans” for house-for-pension.The measures include improving the relevant systems of the Law on the Protection of the Rights and Interests of the Elderly and the guardianship system for the elderly,perfecting the notarization supervision mechanism,and strengthening the financial supervision mechanism.The article aims to explore the institutional framework for the protection of the elderly 's rights and interests in the house-for-pension scheme,and strengthen the protection of the relevant rights and interests of the elderly,with a view to providing a theoretical reference for the governance of “routine loans” for house-for-pension.