The Normative Analysis and Implementation Path of the Civil Code on Protecting the Legal Rights and Interests of the Elderly
The Civil Code complements the disposing capacity of the elderly,provides basic protection for the elderly from their family life to their participation in social life,and offers effective means to actively respond to the aging population,marking that the protection of the rights and interests of the elderly in China has entered the"Civil Code Era".The relevant provisions stipulated in the Civil Code are universal and basic,which provide a basic premise for the protection of the legitimate rights and interests of the elderly.The Law on the Protection of the Rights and Interests of the Elderly,on the basis of the Civil Code and in combination with other legitimate rights and interests of the elderly,implements the relevant provisions on the protection of the rights and interests of the elderly to achieve special protection for the elderly.However,the relationship between the Civil Code and the Law on the Protection of the Rights and Interests of the Elderly is not simply one between general law and special law.On the one hand,the Civil Code"lays the foundation"for the protection of the rights and interests of the elderly,that is,it provides basic legal conditions for the elderly to re-enter the society,and at the same time provides rights protection for the elderly from the perspective of civil life.On the other hand,the Civil Code,the Law on the Protection of the Rights and Interests of the Elderly and other laws jointly protect the legitimate rights and interests of the elderly,and offer guarantees for the elderly to participate in politics,economy,culture,society,etc.,so as to ensure that"the elderly have their own care,medical treatment,activities,learning,education,and happiness".For the basic provisions on the protection of the rights and interests of the elderly in the Civil Code,it is necessary to strengthen the targeted publicity of the rule of law,and it needs to be specified by administrative law and judicial interpretation.The protection of the rights and interests of the elderly requires the active actions of administrative organs,and it is also necessary to set up a"track"in the procedural law for the exercise of rights that is tailored to the vulnerable groups.
Protection of the Rights and Interests of the ElderlyCivil CodeCivil LifeSubstantive Justice
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