Study The Sofe-Law Regulation On Spiritual Support Of China

The aging population problem of China has been increasingly severe during the transformation period,which has made many social problems to be prominent,and has catched the attention of all sectors of our society.Although with the enhance of living standard,the subsistence problem is no longer a social focus issue,however,with the increasing population mobility level,the empty nest elderly is increasing gradually.The phenomenon of elder people live alone is common in both urban and rural areas. Long time separation from their children makes elder people feel alone,which can easily cause mental illness. With the improvement of consciousness of rights safeguarding of people,more and more old people prosecute their children for spiritual support issues. However, since the laws in elder people spiritual support field is not perfect,the court has been caught in a dilemma when facing this situation.Spiritual support is a important component of elder people’s support right that independent with substance support,and it is related to the spiritual life of elder people and the harmony of our society.So it seems critical important to perfect legislation of spiritual support. Since the spiritual support involves moral issues, it is not appreciate only use hard law. As to this problem the soft law can make up the shortage of hard law with its own superiority. What’s more there has always been base of using soft law regulation in spiritual support area,the civil law,marriage law,inheritance law and the constitution all have regulations on spiritual support,and the elderly rights and interests protection law which specially aims at protecting elder people’s rights has directly asked for the young people should perform their duty of supporting their parents spiritually.. But the soft law system of spiritual support has many disadvantages at present and can not meet the demand of social development.. This article centres on the definition of spiritual support soft law,the necessity of using soft law in spiritual support area and how to perfect the soft law system in spiritual support area. Finally we propose that the regulate of soft law in spiritual support area should start from the soft law itself, related external measurement and should start from the support subjects,carrying out forms,relief approaches and other perspectives to perfect the concrete contents of spiritual support law,so as to realise the complete protection of elder people’s support right.