|
Aging society is a global issue today,and it is also a problem that mainland China is facing.This research explores the protection of the rights of the elderly in mainland China and the legal system of guardianship involved in the elderly,and also discusses the relevant policies and legal systems for the protection of the rights of the elderly in Taiwan, and then compares the rights,welfare and guardianship legal systems of the elderly across the Taiwan Strait. The first chapter of this research is the preface,which mainly explains the author's motivation and purpose,research method, literature discussion and research structure for writing this research,as well as the research direction and expected results of this research.The second chapter of this paper clarifies the definition of the elderly on both sides of the Taiwan Strait and internationally;explores the protection of the elderly in the constitution,public law and civil law of the mainland and Taiwan.The third chapter focuses on the legal operation of guardianship involving the elderly in mainland China,and discusses the types of guardians of adults,as well as the rights and obligations between guardians and wards.The fourth chapter is supplemented by Taiwan's adult supervision system,voluntary guardianship,and the patient's independent rights and interests law to protect the patient's hospitable death,and then compares the advantages and disadvantages of the mainland and Taiwan's adult guardianship systems,so as to provide reference for cross-strait mutual reference and improvement of cross-strait legal system. At the end of the article,it makes suggestions for improving the legal system on the legal application of the protection of civil rights and guardianship of the elderly related to mainland China and Taiwan,which involves the regional conflict of laws between the two sides of the strait, such as: the application of the Law of the People’s Republic of Chian on Choice of Law for Foreign-related Civil Relationships, and the Act Governing Relations between the People of the Taiwan Area and the Mainland Area,as well as the legal provisions that the two sides of the Taiwan Strait can learn from each other,are analyzed in sections.For example: Article 1158 of the Civil Code of the People's Republic of China,which is very characteristic of China,stipulates that a natural person can enter into a bequest and maintenance agreement with an organization or individual other than the heir;and Taiwan's voluntary guardianship system,pre-established medical decision,and medical appointment agent system for the purpose of hospice can all be used as a reference for mainland China,so as to promote the mutual learning of each other's strengths. Finally,the author hopes to use this research as a reference for the direction of cross-strait legislation,judicial practice and academic research,so as to formulate more perfect policies and legal systems to protect the rights of the elderly.
|