我国现行“接管式”的法定老年人监护制度未能充分尊重老年人的剩余意思能力,其统一的监护标准同化了不同障碍老年人的不同意欲,已不再适应老年群体的现实监护需求。故以日本三层监护体系为鉴,结合我国实际,以老年人失能情况为据构建辅助、监护两层监护体制,以完善我国法定老年人监护制度。 In our country, the current “takeover” legal elderly care system failed to fully respect the elders’ residual meaning and ability, and their unified guardianship assimilated the different desires of the elderly with different barriers and no longer adapted to the actual needs of the elderly. . Therefore, taking Japan’s three-tier guardianship system as a reference and combining with our country’s actual conditions, the two-tier guardianship system is set up based on the incapacity of the elderly to improve the guardianship system for the legal elderly in our country.