Research On The Guardianship System Of The Disabled Elderly

Since my country entered the 21st century,the aging phenomenon has become increasingly serious.According to statistics from the National Bureau of Statistics at the end of 2019,the population of mainland China aged 60 and over was 253.88 million,accounting for 18.1%of the total population.Among them,the population aged 65 and over was 176.03 million,accounting for 12.6%.The population aged 60 and above increased by 4.39 million over the previous year,and the proportion increased by 0.25 percentage point;the population aged 65 and above increased by 9.45 million over the previous year,and the proportion increased by 0.64 percentage point.In addition to aging,due to the large population base in my country,the number of adult disabled or disabled persons is also considerable.The number of disabled people in our country is almost equal to the total population of a small country.This shows that the number of disabled elderly people in my country will continue to grow within a certain period of time.With the increase in the number of disabled elderly people,how to protect them has become an issue at hand.Many people place their hopes on the guardianship system.However,my country's current guardianship system has not yet made specific and clear provisions for the disabled elderly.It is now necessary to make reasonable arrangements for the guardianship system for disabled elderly people,and only a little can be found from the guardianship of adults in legal guardianship.according to.Therefore,it is necessary to improve our country's current disabled elderly guardianship system in a timely manner.This article discusses this from four aspects in the form of four chapters.The first chapter defines the concept.A good start is half the battle,and a scientific and reasonable concept definition is of great help to subsequent research.This chapter starts with the disabled elderly,then elaborates on the guardianship system,and finally concludes the concept of the disabled elderly guardianship system.Afterwards,the relevant characteristics of the guardianship of the disabled elderly are obtained by comparing the system of the disabled elderly with the guardianship,agency and support of the ordinary elderly.Finally,explain the theoretical basis of the guardianship of disabled elderly:it mainly includes the value concept of equality,the social pursuit of maintaining the normalization of life,and the implementation of the constitutional material guarantee rights,thus demonstrating the theoretical significance of the guardianship system of disabled elderly.The second chapter is an extraterritorial investigation.Stones from other mountains can be used for jade.Western countries started early on the guardianship system for disabled elderly people.There are indeed lessons for our country.This chapter studies the adult care system and anti-aging authorization system in Germany,the sustainable agency system in the United States,and the intended guardianship system in Japan.The legislation of these countries may have their own characteristics due to different legislative eras or different soils under the rule of law,but some commonalities can still be drawn from them.For example,the brand-new legislative concept,the focus on the construction of the intended guardianship system,and the diversified guardianship model are worthy of being a reference for our country's future legislation.The third chapter combs the status quo.Without investigation,there is no right to speak.After reviewing foreign legislation,we still need to look back at home.This chapter combs the status quo of the disabled elderly system in our country from the perspective of legislation and practice.In terms of legislation,my country's "Civil Code" has lived up to expectations,continuing the advanced content of the "General Principles of Civil Law" and adding more humanistic content.However,there are still problems such as insufficiently detailed regulations on intended guardianship,and confusion in legislation to respect the wishes of the ward,which need to be resolved urgently.In practice,the pressure of adult children's guardianship is relatively high and the use rate of intended guardianship is not high.The fourth chapter proposes countermeasures.Raising problems and solving problems have always been two ends of things,and they are inseparable.This chapter gives corresponding solutions to the problems raised in the previous article.In view of the various issues of the guardianship of disabled elderly,it is pointed out that the guardianship and supervision system should be improved,the detailed rules of the intended guardianship system,and the introduction of public pension institutions should be introduced to solve them,so that the rights and interests of disabled elderly can be truly protected by law.