On The Study Of The Legal Protective Problem Of The Spiritual Support Of The Elderly In China

On the Study of the Legal Protection of the Spiritual Support of the Elderly Nowadays, the spiritual support has been provided in law.However,there are many faults in the legislation and the administration of justice,which restricts the realization of the right of enjoying the spiritual support of the elderly.Firstly,this paper elaborates the concept of the spiritual support, the characteristics of it.Besides,the jurisprudential basis of the legalization of the spiritual support is discussed in this part.Secondly,the faults in the protection of spiritual support in the legislation and the administration of justice have been discussed. On the part of legislation, I study the law providing spiritual support in the central and local legislations and put forward four problems: lack of operability, imperfections in the constitution of the fact in the law, the defects in the functions of the local regialation,being regulated by single legal department.In perspective of the administration of justice,this paper concludes that there are a few problems with the verdict by studying the verdict and there is an obstacle in protecting the right to spiritual support in the judicial process by studying the judicial process.Thirdly,this paper collects the practices of protecting the right to spiritual support overseas, and analyses their advantages and advantages. At last, to solve the problems in the legislation and administration of justice, this paper comes up with some w a y s t o i m p r o v e t h e l e g i s l a t i o n a n d a d m i n i s t r a t i o n c o n c e r n i n g s p i r i t u a l support.