| In the current situation, we should not only focus on the old people’s material interests of maintenance, but also pay attention to their needs about the spiritual support, because we treat them as a special group. In2013, lawmakers have written the content of go home looking parents" into " Elderly Protection Amendment Act ",which shows a high degree of the current public attention to the interests of the elderly spiritual support. However, we can easily see that this article which is inclined to be less pragmatic remains to be further investigated and improved for letting the terms play an more effective role in order to establish a system which aims to coordinate the rights and responsibilities, so that the interests of the elderly spiritual support can be guaranteed and protected. Therefore,firstly, the author use the example method to observe realities of the elderly spiritual support issues by citing two cases and point out that the current legal issues. Secondly, the author draws on inductive method and comparative method to demonstrate the significance of spiritual support from the practical and theoretical basis of the existence of the elderly spiritual support. Furthermore the interests have the nature of transmission in space and time and have a profound theoretical foundation. Thirdly, the author uses deductive method to analyze the characteristic of the spiritual support. After a series of proofs, we can draw a conclusion that spiritual support should embody two characteristics includes legal rights and moral rights and it is a kind of relative identity right with personality interests. Finally, the author propound some propositions about the improvement of the legislation and make some suggestions from three aspects, which are the content of the legitimation, the improvement of some regulations and the tort liability in order to probe into the legal protection of the interests of the elderly spiritual support and make contribution to the interests of the olds. |
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