Research On The Perfection Of The Elderly Guardianship System

Under the general trend of population aging,the issue of elderly guardianship has also attracted increasing attention.The implementation of the General Principles of Civil Law" provides a legal basis for the guardianship system for the elderly,and thoroughly includes the elderly in the scope of the guardian.However,the adoption of the civil code preserved the guardianship system for the elderly.This article discusses the specific setting of the elderly guardianship system.Through the study of the existing elderly guardianship system,it finds the internal measures that need to be improved and makes recommendations for it.The first part starts with an overview of the elderly guardianship system and gives a brief introduction to the elderly guardianship system.It is divided into the analysis of the current situation of the elderly guardianship system,the comparison between the elderly guardianship system and the adult guardianship system,and the domestic scholars’ debates on the nature of guardianship and the ability to declare the system.The second part is an analysis of the necessity of perfecting the guardianship system for the elderly.First,it analyzes the similar concepts of maintenance and agency of guardianship.Secondly,in terms of the questions set by the guardian,it is mainly to rationalize the definition basis and scope of the guardian Sexual analysis,in addition to the relationship between the rights and obligations of the guardian;again,on the content setting of the guardian,the guardian’ s selection,revocation,guardian’s qualifications and guardianship duties are carried out;finally,the internal facilities of the legislative system With regard to the issue,the author believes that the type of legal guardianship in China is too simple,and the intended guardianship is not perfect.The third part is the perfect angle of the guardianship system for the elderly,which is analyzed from the four perspectives of the value of guardianship,the guardian,the guardian,and the internal measures of the legislative style to discuss the two principles of the guardianship system for the elderly and the scope of the guardian Setting issues,the content of the guardian’ s rights,the type of legal guardianship and the intended form of guardianship.The fourth part is the authors suggestions for the above angles,based on the two principles of respecting the true wishes of the guardian and the most beneficial to the guardian:clarify the scope of the guardian in the elderly guardianship system;the qualification of the guardian Provide regulations,clarify the term of the guardian and the guardian’s right to resign,remuneration,and reimbursement;promote the type of legal guardianship and clearly setup the intended guardianship registration system.