| New revision of article 18 of the protection of the elderly rights and interests of the People’s Republic of China "regulation:" the family members shall be concerned about the spiritual needs of old people, shall not be ignored, left out the old. And the elderly family members living apart, should often visit or greetings to the old. The employing unit shall be protected in accordance with the relevant provisions of the state support the rights of people take their holidays to visit." The clause is the new revision of "the protection of old people’s rights in highlighting the spiritual support in the elderly. China is now the number of "empty nesters" with increasing number, form a social vulnerable groups, become a social problem that note allow to ignore, caused widespread concern. "Empty nesters" social problem is serious, the elderly spiritual support problem to be solved of social environment, the clause of article 18 of the elderly protection act, also known as the "go home often" clause, arises at the historic moment. For the "pension into laws" this topic, produced a lot of debate. In view of the "old people rights and interests protection law" article 18 "go home often" legislative debate, mainly concentrated in several aspects.First of all, is about the legal language. Among them, "often" as a frequency of meaning of words, don’t have the feature of legal language, and how to define "often"?Again, it is about whether the clause is actionable and execution of controversy. For example, when people are faced with rare, journey all the way during the holidays, lower income, the high price of many difficulties, unable to "go home often", so how law will be punished? If the penalty is severe, will influence their children more support to the old man? If not punishment, so the article is a dead letter?Finally, on "the protection of old people’s rights of article 18 of the judicial application. "The protection of old people’s rights of article 18 although emphasis on protecting the spiritual needs of old people, but for the elderly spiritual support problem gave no specific provision, there is no punishment for violation of the terms clear rules. When the specific case, the court made a ruling according to the terms and conditions?According to article 18 of the elderly protection law legal language problems, this paper discusses the certainty and openness of legal language. Uncertainty is one of the important characteristics of legal language, as well as the basic legislative requirements. However, in the legal language does not exclude legal principles and legal norms of principle. In this paper, respond to the social disputes, the article 18 of the elderly protection law of the judicial application is analyzed, in this paper. Theory of the legislation of the "go home often" actionable and operational. This paper made a concrete, through analysis we can draw the following several aspects of spiritual support is actionable completely, and give some realistic case again, "the protection of old people’s rights article 18 is actionable and operational. Such as:the country’s first case in wuxi city, jiangsu province, while luzhou in sichuan province "go home often" court settlement, conciliation, shandong province, the first case, chongqing’s first "go home often" claims to support dispute, Beijing tongzhou district "go home often" lawsuits. By the end of the article, this paper discusses "the protection of old people’s rights" go home often "legislation in article 18 of real function and role. All about the elderly spiritual support before litigation, the court is hard to put on record. Now have a legal protection, laws, the elderly spiritual support is no longer a legal blind area."The protection of old people’s rights of article 18" go home often "legislation is to manifest the righteousness of law, is to protect the weak, the embodiment of the rights of disadvantaged groups. "Go home often" the birth of law not only once again called for social attention to mental health in the elderly, pay attention to the elderly in later life, but also played a response to the current social moral decay, reshape traditional virtue reality demand... |
PDF Full Text Request