On Legal Protection Of The Elderly Spiritual Support

China has the largest elderly population around the world, accounting for one fifth of the world’s total elderly population, "The Development Trend of China’s Aging Population Forecast Research" reports that in 2020, the elderly population will reach 248 million, in 2050; the elderly population will be larger than 400 million. With the rapid developing of economic and improving of social security system, material support has become much more perfect, but with the faster change of population mobility and family structure, the problem of the elders’spiritual solace lack has become more and more common, and even intensified. Most elderly people have spiritual problem in different degrees, such as psychological anxiety, loneliness, loss, depression and so on. Compared with injuries and other physical ailments, the lack of spiritual solace is much more harmful to many elderly people. Although spiritual support is in Chinese newly revised "Elderly Protection Law", the provision is too simple with no corresponding legal responsibility on it. In judicial practice, there has been the phenomenon of "same cases different results" and some cases are not properly executed although they were ruled. This entire phenomenon could not meet the goal of good legal and social effects. However, families’affection can not be lived up; filial piety can not be waited. Protection of the elders’spiritual support from the perspective of legal issues could improve this situation timely and effectively, so that the damage to the elders’spiritual solace will not be continued.This thesis is divided into five parts as followed.The first part is the basic concept of the spiritual support of old people. The first is the definition of the basic meaning of the elderly people from the respective perspective of physiology, psychology and law. On the basis of China’s law provisions, the author summed up the object of this article is the Chinese citizen with age of over 60, and then point out the importance of the separately protection of the elders combined with the inherent characteristics of the elders. The second is the definition of spiritual support from the perspective of sociology, ethics, public administration and law, focusing on the legal aspects of spiritual support, pointing out its legal connotation characteristics:the rights and obligations of spiritual support are subject-specific, the relatively independent of spiritual support, the diverse content of spiritual supportThe second part is the theoretical analysis of the elders’spiritual support legal protection. First, this paper discusses the Confucian Filial Piety, Maslow’s Hierarchy of Needs, Alerter Needs Theory, lies the theoretical foundation for the legal protection of spiritual support from a theoretical basis; Second, analysis of the reasonableness of the legal protection on spiritual support; Finally, show of the practical urgency on legal protection of spiritual support with actual case.The third part analyses the main problems and the quo of legal protection of the elderly spiritual support. First elaborated the conservation status of spiritual support from the legislative and judicial legal aspects, it is just because of the imperfection of legislation and judicial, leading to a lot of spiritual support issues, mainly with the performance of incomprehensiveness of the spiritual support main obligations, difficulties of achieving standards of spiritual solace, inflexibleness of spiritual support ways, lack of the specific rules of the legislation on the spiritual support, imperfection of the relatives leave system, high cost of spiritual support, imperfection of legal aid to spiritual support cases and so on.The fourth part is analysis of the foreign elderly spiritual support systems, article did basic discussion of plurality representative countries’legal protection of the elderly spiritual support, and made a place worth to learn, in order to improve related legal and institutional of our spiritual support.The fifth part is the thought of improvement of the elderly spiritual support legal protection. Raising suggestions from legislative, judicial and establish law enforcement agencies of spiritual support. Legislation hopes to establish a comprehensive legal system with "Constitution" as the fundament, "Elderly Protection Act" as the core, and with the collaborative of the relevant law, to achieve the elderly spiritual support. The main priority of judicial proceedings from establishing judicial philosophy elderly protection cases, spiritual support pre-court mediation in civil disputes procedure, setting the elderly court, improving the elderly spiritual support system of legal aid cases. Finally is the law enforcement aspect, the author advocated to establish a law enforcement agency on the legal protection of the elderly spiritual support, in order to give the elders’spiritual support better legal protection.