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当前我国已逐步进入老龄化社会,针对老年人的民事与刑事案件也日益增多。老年人较之普通成年人,受其身体及心智的健康程度的影响,其人身和财产权益更容易受到侵犯。在一些发达国家,老年人的监护制度这一理念已被广泛接纳,如法国、德国、美国等国家已初步建立了针对老年人的特殊司法保护制度,明确了对由于健康、年龄等原因而行为能力受限的老年人进行保护的规定。目前我国民法通则对成年监护的被监护人只规定了精神病人(包括痴呆症人),植物人、残疾人、危重病人却未纳入其中,不利于对这部分老年人的保护。建立老年人监护制度的目的,主要是因为年龄的问题其身体或心智能力逐渐衰退的老年人能够借助监护人的力量充分发挥其决定权,尽可能的利用其行为能力融入普通人的社会中,或由监护人充分按照被监护人的意志,帮助处分被监护人的各种法律权利,更好的保护老年人的人身、财产权益。对于老年人的监护人选择,应优先考虑对老年人利益更为保护的方案,对监护人的职责和权利予以明确和细化,并对其建立完善的司法监督体系。
At present, our country has gradually entered an aging society, and the number of civil and criminal cases targeting the elderly is also on the increase. Older adults are more vulnerable to personal and property rights violations than their average adult counterparts because of their physical and mental health. In some developed countries, the concept of guardianship system for the elderly has been widely accepted. Countries such as France, Germany and the United States have initially established a special system of judicial protection for the elderly and made it clear that those who act due to their health, age, etc., Provisions on the protection of elders with limited capacity. At present, only the mentally-disabled (including dementia), vegetative, handicapped, and critically ill patients are stipulated in the general rules of civil law for adult guardians. This is not conducive to the protection of this part of the elderly. The purpose of establishing the system of custody of the elderly is mainly because of the issue of age. Older persons, whose physical or mental capacity is gradually declining, can give full play to their power of guardians to make the best use of their capacity to integrate into ordinary people’s society or The guardian shall, in full accordance with the will of the ward, help to dispose of various legal rights of the ward and better protect the personal and property rights of the elderly. As for the choices of guardians of the elderly, priority should be given to programs that provide more protection for the interests of the elderly, clarification and refinement of guardianship responsibilities and rights, and establishment of a sound system of judicial supervision over them.