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我国即将步入老龄社会,但并未建立老年人监护制度。大陆法系主要国家已在立法上逐步承认并完善老年人监护制度。中华民族孝亲敬老传统、我国老龄化社会现状我国应当建立老年人监护制度。从立法方面看,应当在被监护人范畴、监护人范畴、监护职责、监护监督及保障等方面针对老年人群体的特性进行制度构建。
Our country is about to enter the aging society, but it has not set up the guardianship system for the elderly. The major countries in the civil law system have gradually recognized and improved the guardianship system for the elderly in their legislation. The tradition of filial piety and respect for the aged in the Chinese nation, the current situation of the aging society in our country. China should establish the guardianship system for the elderly. From the perspective of legislation, the system should be constructed for the characteristics of the elderly population in the areas of guardians, categories of guardians, guardianship responsibilities, supervision and protection of guardianship and so on.