Theory Of "Go Home Often" Clause To Understand And Apply

On July1,2013, the revised “Law of the People’s Republic of China onProtection of the Rights and Interests of the Elderly”(hereinafter referred to as" theprotection of old people’s rights’) officially issued and implemented, The law article17of the elderly spiritual support made clear rules, known as "go home often" clause."Go home often" into laws, embodies the guiding value of law, is the perfection ofrights and interests safeguard for the elderly; But this provision is only for the elderlyspiritual support fuzzy rules, its connotation and denotation how to read, the terms ofhow to implement and so on caused widespread controversy. This article withexamples as the foothold, through to "the protection of old people’s rights" go homeoften "clause in the aspects such as concept, form,Based on introducing foreignrelated practice, aims at our country "the protection of old people’s rights" go homeoften "clause in the existing defects are discussed,Puts forward related Suggestions, inorder to make a guidance effect.Besides preface and epilogue, this article is divided into four parts, a total ofTwenty-one thousand words.The introduction part mainly explain the theoretical significance and practicalvalue of this topic; Introduce the general situation of the research topic; Is introducedin this paper, the writing features, etc.The first part mainly introduces the basic situation, the focus of dispute case andrelated content.The second part mainly from the definition of "go home often" clause, discussesthe theoretical problems such as the legislative significance.The third part mainly includes the typical foreign countries about the "go homeoften" introduces the practice and realization ways and evaluation, sum up experiencefrom practice.The fourth part is mainly to "go home often" terms and conditions of theunderstanding and the perfect specific discussion, divided into three aspects.:One isabout "go home often" legislative situation in our country, based on our country’spresent legislation related to "go home often" analysis of related laws and regulations;Second, through the above analysis and "go home often" terms and conditions of ourcountry face the difficulties of summarized;Three is combining theory and practice, mainly through the "go home often" essence, definition, analysis and the problems ofthe litigation, system of form a complete set of "go home often" clause to implementrecommendations to road,in order to perfect our country "go home often" clauserelated contents about the elderly spiritual support, at the same time is helpful to thejudicial practice.The fifth part of the full text is summarized, to make that case involved in thecase property, understanding of the "go home often" clause and applicable aresummarized.