On The Defects And Perfection Of The Legal System Of Elderly Support Of Our Country

Supporting for the elderly is not only every child's obligation defined by law, but also our fine tradition of the Chinese nation for thousands of years. However, with the economic and social development and people's rising living standards, many children regard supporting their parents as an additional burden, not only does not provide the basic requirements of their parents' life, some children even abuse or abandon the elderly. With our country entering an aging society, our country's support disputes emerge one after another. However, the definitions of the support problem by the existing law are vague and general relatively, lacking of maneuverability, and result in the legitimate rights and interests of the elderly are not properly protected. The author believe that the study of the legal system of elderly support has very important significance to the protection of their legitimate rights and interests, carrying forward the traditional virtues of Chinese nation and building a harmonious society.This article is divided into five parts, it is a shallow study on the defects and perfection of the legal system of elderly support of our country:The first part introduces the details of cases of "support dispute of Jixing Jin accuses Kaixuan Jin" and "support dispute of Yuzhen Zhou accuses Yonglin Yuan", and puts forth the studying problem of this article starting from the two cases.The second part points out the defects of the legal system of support of our country. First, the author introduces the definition of support by existing laws, including the "Constitution", "Marriage Law", "Criminal Law", "Law of Protecting the Rights of the Elderly". Second, the author points out the primary five defects of the existing legal system of support of our country, namely, the incompletion of the subject scope of duty of support; the indeterminacy of material support standards; the omissions of the definition of spiritual support; the indeterminacy of legal obligation of the obligor of support; the challenge to the "family support of old age".The third part introduces the definitions of the legal system in China and foreign countries, which relate to the aspect of the elderly support. The author introduces the definitions of support in ancient China and foreign countries separately, and tries to find out salutary lessons to the perfection of our country's legal system of support.The fourth part improves the conception of our country's legal system of elderly support. First, the author analyzes the necessity of perfecting our country's legal system of elderly support. Second, the author puts forth the concrete conception of the legal system of elderly support in terms of the following five aspects:expanding the subject scope of duty of support, making the material support standards clear and definite, perfecting the definition of spiritual support, making the rules of rewards and punishment of obligor of support clear and definite, strengthening the responsibility of the government and the society on the basis of "family support of old age"The conclusion part is to the full text summary,further stressed that supports old person the importance, pointed out that supports old person the research area to be widespread, this article only embarks from the legal angle of view, hoped can utilize the law method better maintenance senior citizen's legitimate rights and interests. Here and appealed that each people should undertake support old person the duty.