Study On The Thought Of Humanistic Care In The Law Of The Rights And Interests Protection Of The Elderly In China

Attention to the vulnerable groups is a common value pursuit of modern civilized society.Due to the special factors such as physiology,psychology and concept,and the impact of new risks such as urbanization and globalization,the elderly are increasingly becoming social vulnerable groups.In reality,they are often in areas such as political,economic,and social life,suffered by being excluded,ignored or even abuse and other unequal treatment,which will lead to the injustice of their substantive rights.Undeniably,the elderly in our country have made great contributions to the growth of children,social development and national construction,so that when they are old,they should be universally respected and loved by the state,society and younger generation.In recent years,with the progress and development of the construction of legal system in our country,especially the enactment and implementation of the Law on the Rights and Interests Protection of the Elderly(hereinafter referred to as "old law"),it has clearly stipulated that the elderly enjoy special rights and interests and redefined the legal status and social value of the elderly,so that older groups are no longer left out and marginalized.Care for the survival and development of the elderly,respect for their personality and freedom,and earnestly safeguard the legitimate rights and interests of the elderly,it should be said that China's old law more and more developed a wealth of humanistic thinking.Based on the present situation of the Law on the Protection of the Rights and Interests of the Elderly in China,this paper digs its potential humanistic care concept,analyzes its existing problems and explores the path of strengthening the humanistic care of the old law from the legal point of view.The paper is divided into five parts,the main contents are as follows:The first part mainly introduces the background and significance of the topic,the research ideas and methods,combs and reviews the research achievements of the academic circles at home and abroad,and points out the possible innovations and shortcomings of this paper.The second part comprehensively discusses the theoretical basis of this article,which mainly from the theoretical source of Marxist theory of humanistic care,illustrates its basic connotation,and then puts forward the guiding value of Marx's humanism thoughts.On the basis of combing and examining the present situation of the legal system of the aged at home and abroad,the third part elaborates the thought of humanistic care embodied in the new "old age law" in our country,that is,establishes the value concept of the right standard,actively responds to the aging,gradually attaches importance to the value of the elderly,satisfies the needs of the elderly,began to focus on spiritual comfort,full of humanistic system design.The fourth part analyzes and examines the relevant provisions and practice of the "old age law" in China,and points out the existing problems of lacking legal humanistic care,and analyzes the relevant reasons.The fifth part mainly explores the path of strengthening the humanistic care of our old age law from the perspectives of insisting on the people-oriented legislative idea and the specific system design.