| As China is getting into an aging society,it is urgent for the whole society to pay attention to the problem of alimony for the elderly.Support the elderly is divided into the material support and spiritual support in two aspects,long-term since the material support is of particular importance,"security" has been included in the comprehensive law enforcement protection.However,in the context of social transformation,population mobility is accelerating,family size is becoming smaller and the demand for material is basically satisfied.The old people’s desire for family return and spiritual needs are often ignored.In order to cope with this situation,the new law on the protection of the rights and interests of the elderly,which is newly launched in 2013,will care for the spiritual needs of the elderly and the spiritual comfort for the elderly.However,many hostages believe that it is necessary for the spiritual support of the moral category to be included in the legal protection.The law can play an effective regulatory function for spiritual support.In the face of these controversies,this paper argues and analyzes the legal guarantee of spiritual support in accordance with the general logical cognitive thinking.First of all,people-oriented,combined with the characteristics of the elderly,the analysis points out that the elderly need to meet the urgent needs of the 5 spiritual life.Then introduce the concept of spiritual rights and to study its characteristics,from the perspective of maintaining physical and mental health of the elderly,pointed out that the spirit to meet the needs of the need to rise to a kind of spiritual rights and interests of the aged;then points out that the spiritual needs of the elderly to meet and maintain the spiritual rights and interests of the elderly is mainly reflected in the spiritual support,and emphatically explains the connotation of the spiritual support and the specific contents of three aspects.Then,through a typical case,it points out the difficulties that mental support is facing in the legal practice,and demonstrates the necessity and feasibility of bringing spiritual support into the legal protection from aspects of jurisprudence,cultural inheritance and legislative technology.Finally,perfect legal protection for spiritual support,the first is to analyze China’s current situation in the spirit of support and lack of legal protection,and then turns to the foreign countries,summarized in other countries attach importance to and maintain the spiritual rights and interests of the elderly can learn from the experience,combined with the current status of China’s pension legal protection work,cohesion the latest set of guardianship system and other laws and regulations,to highlight the problems and difficulties,from the perfect legal system and strengthen the two aspects of judicial protection,puts forward some corresponding countermeasures,to ensure the implementation of the spirit of support in law under effective protection. |