The elderly are the great wealth of society, and they have made a lot of contributions to national construction, social development and the growth of their children in their youth. Therefore, the Party and the government attach great importance to the protection of the rights and interests of the elderly, in order to realize the "old people have a livelihood, a place to be, a place to be, and a place to be", many rights and interests protection policies, laws and regulations have been introduced, such as the "Law on the Protection of the Rights and Interests of the Elderly", "Inheritance Law", etc., which provide a legal basis for the elderly to safeguard their legitimate rights and interests.

Today, although China's "Law on the Elderly" has been comprehensively revised, further enhanced and improved the relevant provisions, but compared with civil law, criminal law, administrative law and other laws, it is still relatively abstract and weak operability. In real life, when the elderly are faced with the infringement of property rights and personal rights, the Law on the Elderly cannot find specific ways to protect their rights and remedy, and the judicial organs will deal with the cases in accordance with the general principles of civil law and the relevant provisions of the tort law. This is mainly due to the fact that the legal provisions of the match of the Law on the Elderly are rather general, with many general and principled provisions, lack of operability for implementation, and the lack of timely introduction of supporting implementation rules, which makes it impossible for law enforcement agencies to effectively implement the legal provisions in practical work, and the rights and interests of the elderly cannot be effectively protected.

There are many empty words in the legal provisions, such as "encourage", "support", "should pay attention to", "advocate" and so on. These words are not mandatory and binding, and it is more difficult for the law to regulate the various social relations of the government, society and the elderly, who can use the Constitution as the fundamental law. However, the Old Age Law itself is a law that concretized the principles and rules of the Constitution, and naturally cannot be abstracted. It should specify the specific behavioral norms of the government, social organizations and citizens in clear and clear language, so that each actor can clearly know his specific rights, obligations and legal responsibilities. The second is the ambiguity of the legal language, such as the law appears "conditional", "step by step" and so on. Such words are arbitrary and difficult to grasp, what exactly is the meaning, under what circumstances is illegal, can only rely on the conscience of the executor to explain. Then there is the lack of targeted legal responsibility. Although Chapter VIII specifically provides for legal liability, a careful analysis reveals some problems. For example, the new law has improved the content of spiritual support, adding the obligation of "often go home to see", but ignoring the responsibility clause of the caregiver who does not perform the spiritual support obligation.

As for these moral legalization clauses, if only general provisions are made, they still cannot play their role in practice. In the case of social security, because the law does not impose specific obligations, there is no question of legal liability. Article 34 of the Law on the Elderly states that "relevant organizations must pay pensions, medical benefits and other benefits in full and on time, and may not withhold, default or misappropriate them." Although Article 73 of the law stipulates that "departments or organizations that fail to protect the legitimate rights and interests of the elderly shall be criticized and educated by their superior departments and ordered to make corrections." However, in reality, the phenomenon of delaying, withholding or misappropriating pensions, medical subsidies and other benefits is still emerging, mainly because the law is not punitive enough, and the department supervision and social supervision is not enough, we must increase the legal responsibility of similar provisions, and urge relevant departments to strengthen the specific implementation of the "Old Age Law".

It should also be mentioned that China has not yet established a special national competent authority on the issue of elderly security, and the National Office for Aging established in 1982 is now positioned as the "consultation and coordination body of The State Council", which cannot give full play to the leading role of the government in old age security. Similarly, on the issue of social participation, although the new law further strengthens social responsibility, for example, the law requires the government to actively guide and encourage social forces such as enterprises, charitable organizations, social groups and individual citizens to participate in elderly care services by strengthening system design, planning, financial support, supervision and other ways, and vigorously set up various elderly care service facilities. Develop a variety of professional service organizations for the elderly, so as to provide various convenient services for the elderly. However, compared with many developed countries, the provisions of social responsibility in our country's Law on the Elderly are still not clear and specific, and social participation is also very limited in reality. Due to a certain deviation in the legislative guiding ideology, the relevant provisions of the Law on the Elderly gradually cannot adapt to the new situation and new problems in practical work, many provisions cannot be implemented, and the legislative goals are difficult to achieve, which cannot truly reflect the comprehensive protection of the rights and interests of the elderly.