Research On My Country’s Legacy Support Agreement System

The problem of population aging has become an important problem that needs to be solved in the world.In recent years,my country has also shown a momentum of accelerated development of aging.With the deepening of aging,more and more social problems have become increasingly prominent.In order to cope with the problem of old-age care in the society,the "Rural Five-guarantee System" for the elderly,weak,orphans and disabled persons in rural areas appeared in the early days of the founding of New China.It has been formally established through legislation.Because the legacy and maintenance agreement system appeared late in our country and the legislation is relatively general,there are many different theories on its theoretical research in my country,and there are also many problems in judicial practice.By retrieving judicial precedents,it analyzes the application of bequest and maintenance agreements in real life in various years,regions and age groups,as well as the form of signing bequest and maintenance agreements.Combined with the comprehensive analysis of the current legislation in our country,it is found that there are many problems in our country’s current legacy and maintenance agreement system,such as lax regulations on entry into force,unclear content regulations,unreasonable main body regulations,and lack of supervisory and relief mechanisms.The fact that a bequest and maintenance agreement was signed orally resulted in a bequest maintenance agreement and no clear legal basis could be found for the settlement of disputes.In-depth analysis of the reasons for these problems is mainly because my country’s current legislation on the legacy and support agreement system is too general and lacking,cannot meet the needs of real social life,and cannot give full play to the legislative role of the legacy support agreement system.Therefore,it is very urgent to improve the bequest and maintenance agreement system in our country,which will help protect the legitimate rights and interests of both parties and reduce the probability of disputes over bequest and maintenance agreements.To this end,on the basis of studying the data and information in judicial cases and the problems that have arisen,combined with the enlightenment of the foreign "inheritance contract" system,it is established to comply with the general trend of my country’s deeply aging society and legislate my country’s legacy and maintenance agreement system.As the focus of improvement,focus on three aspects of the people’s actual needs for senior living as improvement directions.Finally,some improvement suggestions are put forward,such as expanding the scope of the main body of the bequest and support agreement,strictly limiting the requirements for the validity of the bequest and support agreement,detailing the content of the bequest and support agreement,establishing a new supervision mechanism,and improving the relief method.