Legal Issues Of Elderly Mental Support

In the21st century, human population is undergoing a quiet revolution, therevolution of human society, economy, culture, psychology has producedsignificant effects, this special global revolution that aging of the population, atpresent, population aging has become a worldwide problem. According toChina’s2011census data show that the population aged65and above8.87%oftotal population, which can be seen with the rapid economic development,people’s living standards and medical and health development, China’s aginggradually speed up the process. As the elderly population increase, themaintenance problems of older people cause our large attention. It has been onlyconcerned with material support for the elderly, and neglect their spiritualcomfort, but with the improvement of living standards, many elderly people’smaterial request has been met, then began to pursue a higher level of spiritualneeds, so in judicial practice, there has been a large number of cases aboutmental support. Facing the increasing complex spiritual dispute, the rules in China’s “elderly Protection Act” which about spiritual support gradually unableto adapt to the needs of the judicial practice, the law of maintenance problemsfor the elderly provided is not complete, in the spirit of the maintenance ofcontent, obligations of the main, the method of execution, legal responsibilitiesand so on, lack of detailed clearly defined, it is not only impede China’sconstruction of the rule of law, but also is a enormous challenges in the processof China’s population aging. Meanwhile,“Law on the Protection rights of theelderly”, the draft amendments about spirit of the maintenance also have a greatresponse in the community. Therefore, this article is on the basis of our country’sstatus quo, combined with the current theoretical research on mental support aswell as foreign advanced experience of the system, the maintenance of the spiritof our old issues to explore, and seek spiritual support system for improvingolder people’s strategy, which spiritual support to get a reasonable solution to thecase.This leads to the case below, in addition to introduction and conclusion, thepaper is divided into five parts to the discussion. The first part introduces two cases about the spiritual dispute in judicialpractice, these two cases are the requirements of obligation to support elderlypeople the spirit of support, but the spirit of the maintenance problems due to thecurrent law is not perfect, leading to judicial practice in different courts for thehandling of such cases have different results.The second part discusses the basic theory of spiritual support, withtheorists and scholars of different perspectives, the spirit of support for theconcept to be defined, analyzed and summarized the spirit of support that haveunique legal characteristics.The third section, which is divided into two aspects to discuss, on the onehand introduce the current legislation situation about the spirit of a maintenanceproblem in the country, the other hand based on the current status and the needof practice to analyze the defects of legal norms in the spirit of support.Part IV, respectively introduce the spirit of the maintenance system aboutAsia and some European countries, and separately from the legislative, judicialand social systems three respects to learn the outstanding achievements abroad. Part V, this part is the last part of this paper, also the focus content of thisarticle, through the above analysis of the system of spiritual support, combinedwith the status quo of China’s current legislation and judicial practice, both fromthe legislative and judicial, summed up the spirit of improving our legislation ofthe maintenance system, to support the judicial practice of mental problems canbe handled properly.