我国老年人监护制度问题研究
发布时间：2018-09-03 16:14
【摘要】：21世纪是人口老龄化的时代。中国早在1999年就已经进入了老龄社会,是发展中国家中比较早进入老龄化社会的。中国是世界上老年人口最多的国家,中国人口老龄的问题不仅是中国自身的问题,也关系到整个世界的老龄化进程,因此备受关注。随着老龄化进程的加速,我国老年人作为弱势群体应当受到国家广泛关注及帮助。目前,我国仅有一些很少的条文提及老年人监护问题,并涉及范围小,条文分散,内容空泛,对于真正老年人的监护起到很小的作用。在德国修改过后的照管制度中,对于老年人监护提出很多有效的见解,这对于我国解决老年人存在的问题,并建立起我国自己老年人监护制度来说有着童要的借鉴意义。 文章第一部分主要分析了我国当前相关的立法现状。我国有关老年人监护制度的立法主要在《民法通则》和《老年人权益保障法》中有提到,但仅有很小条文规定,且并不具体。 文章第二部分主要针对我国老年人监护具体存在哪些问题进行分析。我国老年人监护制度当前面临着立法理念落后、意定监护的缺失、监护人任职资格不明确、监护对象范围狭窄等许多问题,这些问题都亟待解决。 文章第三部分主要是对德国照管制度相关内容进行介绍,并总结照管制度有哪些经验是值得我国借鉴的。德国在修改过后的照管制度,由监护转为照管,立法理念的进步、照管对象的范围扩大等多方面内容都值得我国学习和借鉴。 文章最后一部分主要针对我国当前面对的老年人监护的问题,提出构建我国专门的老年人监护制度的相关立法建议。建议主要从立法理念的更新、法定老年人具体制度的完善以及设立意定监护制度上去完善。
[Abstract]:The 21 st century is the age of aging population. China entered an aging society as early as 1999. China has the largest aging population in the world. The problem of aging in China is not only its own problem, but also related to the aging process of the whole world. With the acceleration of the aging process, the elderly in China, as a vulnerable group, should receive extensive attention and help from the country. At present, there are only a few articles about the guardianship of the elderly in our country, and the scope is small, the articles are scattered and the contents are vague, which plays a very small role in the guardianship of the real elderly. In the revised care system of Germany, a lot of effective opinions are put forward for the elderly guardianship, which is of great significance to solve the problems existing in the elderly in our country and to set up our own guardianship system for the elderly. The first part of the article mainly analyzes the current legislation situation of our country. The legislation on the guardianship system of the elderly in China is mainly mentioned in the General principles of Civil Law and the Law on the Protection of the Rights and interests of the elderly, but there are only a few provisions, which are not specific. The second part of the article mainly analyzes the problems of the elderly guardianship in China. At present, China's elderly guardianship system is faced with many problems, such as the backward legislative concept, the absence of voluntary guardianship, the unclear qualification of guardianship, the narrow range of guardianship objects, and so on. These problems need to be solved urgently. The third part mainly introduces the relevant contents of care system in Germany and sums up the experience of care system in China. Germany's revised care system, from guardianship to care, the progress of legislative ideas, the scope of care objects, and other aspects of the contents are worthy of our country to learn and learn from. In the last part of the article, the author puts forward some legislative suggestions on how to construct a special guardianship system for the elderly in view of the current problems of the elderly guardianship in our country. The suggestion mainly from the legislation idea renewal, the legal old person concrete system consummation as well as the establishment will decide the guardianship system to consummate.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923;D923.8
[Abstract]:The 21 st century is the age of aging population. China entered an aging society as early as 1999. China has the largest aging population in the world. The problem of aging in China is not only its own problem, but also related to the aging process of the whole world. With the acceleration of the aging process, the elderly in China, as a vulnerable group, should receive extensive attention and help from the country. At present, there are only a few articles about the guardianship of the elderly in our country, and the scope is small, the articles are scattered and the contents are vague, which plays a very small role in the guardianship of the real elderly. In the revised care system of Germany, a lot of effective opinions are put forward for the elderly guardianship, which is of great significance to solve the problems existing in the elderly in our country and to set up our own guardianship system for the elderly. The first part of the article mainly analyzes the current legislation situation of our country. The legislation on the guardianship system of the elderly in China is mainly mentioned in the General principles of Civil Law and the Law on the Protection of the Rights and interests of the elderly, but there are only a few provisions, which are not specific. The second part of the article mainly analyzes the problems of the elderly guardianship in China. At present, China's elderly guardianship system is faced with many problems, such as the backward legislative concept, the absence of voluntary guardianship, the unclear qualification of guardianship, the narrow range of guardianship objects, and so on. These problems need to be solved urgently. The third part mainly introduces the relevant contents of care system in Germany and sums up the experience of care system in China. Germany's revised care system, from guardianship to care, the progress of legislative ideas, the scope of care objects, and other aspects of the contents are worthy of our country to learn and learn from. In the last part of the article, the author puts forward some legislative suggestions on how to construct a special guardianship system for the elderly in view of the current problems of the elderly guardianship in our country. The suggestion mainly from the legislation idea renewal, the legal old person concrete system consummation as well as the establishment will decide the guardianship system to consummate.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923;D923.8
【相似文献】
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1 王竹青;德国从成年人监护制度到照管制度的改革与发展[J];北京科技大学学报(社会科学版);2005年02期
2 李因来;;世界各国成年人监护制度的历史演变及比较评析[J];湘潭师范学院学报(社会科学版);2007年02期
3 王U喰，
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