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When mankind enters the21st century, the aging of population is becoming acommon social problem which the world must face. Since China stepped into agedsociety, the problem of aging population has been increasingly grim. The solution tothe problem of aging population requires the whole society, all mankind, every citizento make efforts. The theorists, in demography, sociology, economics, medicinescience, jurisprudence and so on, have paid it more attention, and launched a series ofstudies, resulting in a great number of theoretical fruits. Guardianship system is animportant system in civil law, this article researches on adult guardianship systemclosely related to the elderly, aiming at contributing a little to the establishment ofelderly care system in China. To build elderly care system, firstly, its meaning shouldbe defined. Secondly, the system construction must be based on present status ofelderly guardianship and the existing provisions of elderly guardianship system.Status of the elderly guardianship in China is not optimistic, widow and orphanelderly people are often living with an unsupervised situation, the phenomena thatinterests of the elderly are aggressed by their children or guardians in the process ofmaintenance or guardianship frequently occur. Reviewing our current guardianshipsystem, we can find many defects as follows: the philosophy of elderly guardianshiplag behind; the design of guardianship system emphasizes too much on supplementof capacity as well as transaction security, maintenance of social and public interests,independent meaning of the elderly and self-determination lacks of respect;the designof guardian supervision system utterly dummy. Looking to western countries, whethercivil law countries,such as Japan、 Germany， or common law countries， such asthe United Kingdom、the United States, have modified and improved their elderlyguardianship legislation, in order to conform to tendency of international humanrights protection and increase of disabilities welfare, absorbing new concepts of "maintain of life normalization "as well as "respect of self-determination right". China should learn advanced guardianship concepts from developed westerncountries when establishing and improving the legislation of elderly guardianshipsystem, combining the new concept of "disabilities welfare" with concept of"people-oriented ", combining maintenance of the guardians interests withmaintenance of social and public interests. Reasonably guiding social forces toinvolve in elderly care affairs, the combination of family pension with socialpension will easily come true. Adding arbitrary guardianship to guardianship types, itcarries out “self–determination of the guardians” and “determination-by-others ofguardians” in choice of guardianship types, guardian elective, guardianship contentspromise and so on. Reforming current system of guardianship supervision, itestablishes dual guardianship supervision systems executed by guardianshipsupervisors and guardianship supervision bodies.
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