Research On The Protection Of The Rights And Interests Of The Elderly In Family Adjudication In China

"If there is an old family,there is a treasure." Since ancient times,the Chinese nation has had a fine tradition of respecting and caring for the elderly.With the deepening of the aging of China’s population,the number of family dispute cases involving the elderly is increasing,and the types of cases are becoming more and more complex,which makes it more and more difficult to resolve the disputes,thus putting forward higher requirements for family adjudication.At the same time,due to the influence of physiological and economic factors,the elderly are usually in a vulnerable position in the family trial activities,and the risk of losing the lawsuit increases greatly.The basic rights and interests of the elderly should be paid special attention and it is necessary to protect them.The research on the protection of the rights and interests of the elderly in China started late and lacked sufficient attention.In the theoretical research of family trial reform,experts and scholars mostly focus on the protection of the interests of women and minors,while there is little research on the protection of the rights and interests of the elderly.Stand in the perspective of maintaining the lawful rights and interests of the elderly in this thesis,the concept,characteristic,the principle of trial involving home things trial study,through to our country the family involved in the trial reform of the old system of rights and interests of the present situation of carding,pilot court found around the family reform practice exploration,has formed a series of good rules and regulations,but there are still some shortcomings.First of all,the legal protection system related to the elderly is in disorder,the entity law is not systematic,and the legislation has many principles and advocacy provisions,which lacks operability.The absence of family procedural law leads to the lack of legislative support for family judicial trial.Secondly,the trial mechanism of cases involving the old hometown is relatively backward,and the reform experience explored in various places has not yet formed a mature system,which cannot meet the new demand of trial involving the old.Finally,the multiple resolution mechanism of old disputes is not smooth,which is manifested in the defects in the connection procedure of trial and adjustment,and the neglect of the non-litigation procedure of family matters.Looking outside,Germany,Japan,Singapore,Australia and other countries of the family trial reform started earlier,the special family litigation law,has formed a professional household judicial organizations,formed the family mediation,household survey,support,Sue,elder abuse prevention,the guardianship supervision by wading home special system,has accumulated rich experience in protection of the rights and interests of the elderly.Therefore,we can learn from the advanced experience of other countries and build a system of protecting the rights and interests of the elderly in family trial that is suitable for China’s national conditions on the basis of the reform and practice of the way and working mechanism of family trial.In terms of legislation,the government has integrated the existing substantive laws on the protection of the rights and interests of the elderly,supplemented and improved relevant supporting regulations and norms,and established a legal system of trial procedures related to hometown cases,so as to ensure that there are laws to follow and legal basis.In terms of innovating the mechanism of adjudication related to hometown affairs,we should combine the local conditions,promote the trial courts for the elderly nationwide,explore the establishment of specialized adjudication courts for the elderly when conditions are ripe,establish professional family adjudication teams,and clarify the responsibilities of family adjudication personnel and auxiliary personnel.Perfect the aged litigation service mechanism,establish the aged litigation agent system and support the aged litigation system.At the same time,the evidence rules for the aged should be explored,the distribution of burden of proof should be clarified,and the family investigator system should be introduced to make up for the deficiency of the elderly’s ability to provide evidence and cross-examine evidence.In terms of improving the diversified settlement mechanism of disputes involving the elderly,the mechanism of prelitigation dispute settlement should be explored to promote the non-litigation settlement of disputes involving the hometown as far as possible.Social linkage protection mechanisms should be established to form social synergy to protect the legitimate rights and interests of the elderly.