Research On The State’s Obligation To Protect The Rights And Interests Of The Elderly

Actively dealing with population aging is an important national strategy for socialism with Chinese characteristics to enter a new era.Under the background of China’s accelerated aging society,the phenomenon of the third party infringing on the rights and interests of the elderly is becoming more and more prominent.Due to the vulnerability of the elderly and the gradual absence of families in the process of elderly care,the dependence of the rights and interests of the elderly on national protection is further strengthened.The obligation of state protection aims to protect citizens against the infringement of a third party.It requires the state to intervene between the infringer and the infringed by establishing the mechanism of obligation of protection,so as to protect the legitimate rights and interests of the vulnerable party.The realization path of state protection obligation can be divided into three types: in advance,inprocess and afterwards,which correspond to three levels: legislation,law enforcement and judicature.Therefore,the national protection obligation mechanism of the rights and interests of the elderly should be improved from these three levels.Among many phenomena that the third party infringes on the rights and interests of the elderly,the marketing of health products infringes on the rights and interests of the elderly is a typical example.Health product marketers pose a great threat to the health,property and information rights of the elderly in China in many ways.China’s legislative system for the protection of the rights and interests of the elderly needs to be improved,there are deficiencies in the law enforcement and supervision of tort related to the elderly,and the lack of litigation assistance system for the elderly in the judicial field are important reasons for the repeated prohibition of the third party’s infringement on the rights and interests of the elderly.If we want to solve the widespread social problems in a long-term and stable way,we need the joint efforts of legislation,law enforcement and justice.Therefore,we should establish a national protection obligation mechanism for the rights and interests of the elderly as soon as possible.In the field of legislation,we should further improve the protection system of the rights and interests of the elderly and strengthen the connection between laws.In the field of law enforcement,highlight the responsibility of the government in the protection of the rights and interests of the elderly,and strengthen the supervision of violations involving the elderly.In the judicial field,we should further improve the efficiency of the relief of the rights and interests of the elderly through legal aid,public interest litigation and the establishment of courts for the elderly.