The Legal Fiction and Response Strategies for the Concept of the Elderly
Since the beginning of this century,China has experienced an accelerated trend in population aging,mak-ing it the country with the largest elderly population in the world,which rapidly enters an"aging society".The concept of"the elderly"is a legal fiction and a decision by legislators.Scientifically defining the legal concept of"the elderly"is the"source"solution to effectively respond to population aging.The concept of the elderly as"citizens above the age of sixty"stipulated in Article 2 of the Law on Protection of the Rights and Interests of the Elderly occupies a core position in the current legal normative system related to the elderly.The value goal pursued in this definition of"the elderly"is to protect the legitimate rights and interests of the elderly,develop the cause of the aged,and promote the traditional virtues of the Chinese nation.The main problems with the current legal concept of"the elderly"are:emphasizing history over reality;focusing on nodes rather than processes;prioritizing the physical over the psychological;emphasizing support for the weak over the development of the strong;and prioritizing the individual over society.National legislation should,according to the changes in social material living conditions,first redefine the age of the elderly to a precise point of 65,and at the same time,consider differentiated arrangements based on types of occupations,respect the wishes of the parties involved,and scientifically design a graded system for the elderly,authorizing local legislation to make pilot efforts.We need to employ new thinking and methods in response to new situations and issues related to aging,and refine the age criteria for the elderly.
the elderly populationpopulation aginglegal fictionlegal concept
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