Legislative Breakthrough and Related Issues of China's Elderly Guardianship System
Legislative Breakthrough and Related Issues of China's Elderly Guardianship System
2017年1卷第1期 页码:71-88
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Yang Lixin. (2017). Legislative Breakthrough and Related Issues of China's Elderly Guardianship System. 老年法学(英文版), 1(1), 71-88.
YANG LIXIN. (2017). Legislative Breakthrough and Related Issues of China's Elderly Guardianship System. Elder Law, 1(1), 71-88..
Yang Lixin. (2017). Legislative Breakthrough and Related Issues of China's Elderly Guardianship System. 老年法学(英文版), 1(1), 71-88.DOI:
YANG LIXIN. (2017). Legislative Breakthrough and Related Issues of China's Elderly Guardianship System. Elder Law, 1(1), 71-88.. DOI:
Legislative Breakthrough and Related Issues of China's Elderly Guardianship System
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摘要
Abstract
All over the world in the aftermath of the adult guardianship system reform
through amendments to the law on protection of rights and interests of the elderly in China set 26
provides for guardianship and legal custody of the elderly to achieve a legislative breakthrough in reform of the adult guardianship system
supplementing the General principles of civil law Under guardian type
establishing guardianship of the new monitoring system
extends the scope of specified care
extending the tort liability Act 32 the adjustment range of the guardian's responsibility
broadening the scope of civil conduct
has important legislative and social value. Due to the content of the provisions is simple
aged care legislation will lead to other law-related problems
such as: provides elderly care system
did not enter into a guardianship agreement the meaning of the program
did not provide the necessary care supervision system
does not require registration of guardianship system; provides old-age specified monitor Lack of how to confirm the old methods and criteria for totally or partially incapacitated and guardianship of guardianship is only limited to the elderly
is not extended to all adult custody
or has not established a comprehensive monitoring system. These aged care-related legal issues
you need to add matching rules and related issues raised by adjustments will be made to ensure the implementation of old-age care system
protect the legitimate rights and interests of the elderly
and to contribute to the development of the General Civil Code
establishing perfect system of adult guardianship.
关键词
Keywords
aged care reformlegislative breakthroughguardianship issues