On The Old People’s Satisfactory Guardianship System In China

Since the middle of last century,the increase in the number of elderly people and the development of international human rights concepts based on "respect for self-determination" and "maintaining the normalization of life" have jointly promoted the modification and innovation of guardianship systems in different countries.For example,abolishing the proscription system,expanding the scope of guardianship,strengthening the diversity and flexibility of guardianship,and establishing the guardianship system.At the present stage,China’s huge population base,rapid economic development and changes in family structure make China also face many challenges brought by the aging phenomenon.Therefore,people hope to find effective solutions from the law and constantly improve the legal system.Therefore,in article 26 of the law on the protection of the rights and interests of the elderly in 2012,China first proposed voluntary guardianship of the elderly.In 2017,article 33 of the general provisions of the civil law further expanded the subject.Although the system has made a breakthrough and innovation,but the specific content,specific measures and supervision mechanism are not perfect,not conducive to the practice and application of the real society.This paper is divided into five parts.The first part is the overview of the voluntary guardianship system for the elderly.Different scholars have different understandings of the concepts of voluntary guardianship and voluntary guardianship for the elderly.This paper analyzes the theoretical basis that supports the voluntary guardianship of the elderly,so as to deeply understand the value of the system.At the same time,this paper briefly combed out the historical development process of old people’s independent guardianship,and sorted out the changing characteristics of population data in recent years.From the subjective and objective factors such as the growth of old people and the transformation of social family pattern,it expounded that China’s current society needs independent guardianshipsystem of old people to improve the status quo of pension.The second part compares the voluntary guardianship of the elderly with other modes of guardianship.They all choose others or organizations for guardianship.Is the voluntary guardianship of the elderly similar to entrustment guardianship and bequeath maintenance agreement? Can old people’s independent guardianship be equal to agency? By comparing the similarities and differences in this chapter,we can further understand the above problems.The third part expounds the legislative status of the voluntary guardianship system of the elderly in China,such as which legal provisions involve the voluntary guardianship of the elderly? What is specified?At the same time,the existing prominent issues,such as the scope of guardians,rights and obligations,guardianship supervision.The fourth part introduces the development outside China.By contrast,China’s voluntary guardianship system for the elderly started late.Through understanding other countries or regions is conducive to our country to learn experience,according to the local conditions of the perfect system.The fifth part is to put forward the solution measures,mainly from the legislative system,the old people’s contract of guardianship,the rights and obligations of guardians,guardianship supervision and legal publicity,hoping to effectively solve the existing problems.