The Research Of The Provision Of Duty To Support Elder Parents In Chinese Constitution

The provision of duty to support elder parents is stipulated in Article 49.3 of constitution.In constitutional research standpoint of dualism of civil-state and the discourse of rights-based theory,the legitimacy and normalization of the provision have been subject to criticism for a long time.Meanwhile,the constitutional value is in dark and unclear.By sorting out and analyzing different discourse back of the provision,this paper is going to search the fundamental theory of the provision written into the constitution,make a reasonable interpretation of the provision,and reveal the intrinsic value of the provision.In addition to the part of the conclusion,there are five chapters in this article:The first chapter is introduction.This chapter begins with the background of the topic.Then it describes the resent relevant researches situation.Finally,the research paths and methods are based on above.The second chapter is about the constitutional existence of the provision and the misconception to the provision.This chapter enumerates the legislative expression of the provision in the constitution,summarizing the critiques in the academic.If the misconception cannot be eliminated,the provision will produce profoundly negative influence.The third chapter is about the different discourse logics behind the provision.This chapter analyzes the different discourse logics behind the provisions in the constitution.After introducing the constitutional concept of"community rules" based on criticizing the“rights-based theory”,this chapter provides theoretical support and feasible route for the rational reinterpretation of the provision into the constitution.The fourth chapter is a reasonable explanation,which the provision of duty to support elder parents should be written into the constitution.This chapter bases on the theory of the third chapter.It analyzes the close association between the provision of duty to support elder parents and community in Chinese context.Through expounding the significance of the ethical,sociological and practical,I demonstrate that the provision into the constitution is legitimate and reasonable.The fifth chapter explores the value of the provision of duty to support elder parents of the constitution.Based on previous two chapters,this chapter explores the concealed intrinsic value of the provision.Regarding this as a window,the Chinese constitution should make responses and represent perseverance,confronting the impact of Western centralism.Based on the foregoing,this part concludes the issues of the provision of the duty to support elder parents in the constitution and draws a conclusion.