The Function Of "Filial Piety" On Protecting Elderly People's Rights And Interests In Law

With the arrival of the global aging trend,the protection of the rights and interests of the elderly has become a worldwide topic.In 1991,the 46 th General Assembly of the United Nations adopted the "United Nations Guidelines for the Elderly",which gives the elderly the rights to independence,care and dignity.The Guidelines believe that when the elderly feel value and respect in their lives,they will be healthier and make a greater contribution to society.As a country with a large population,China's aging population is facing a more severe and complicated situation,which makes it difficult for China's legal protection of the elderly's rights and interests.The "filial piety," which plays an important role in our country's traditional culture,is closely related to the issue of the elderly.Whether we can seek out the way out of the issue of the elderly's rights and interests better is a subject that the current scholars have argued more fiercely.The author starts from the status of "filial piety" in the legal protection of the rights and interests of the elderly in China and the predicament of legal protection of the rights and interests of the elderly in China,and tries to analyze whether it is necessary and feasible to strengthen the role of "filial piety" in the legal protection of the rights and interests of the elderly in China.,and imagine its prospects.This article is mainly divided into four parts.The first part mainly sorts out the evolution and connotation of "filial piety" and analyzes the status of "filial piety" in the current legal protection of the rights and interests of the elderly in China.Although "filial piety" is in our country's "constitution","marriage law"," The "Criminal Law" and the "Law on the Protection of the Rights and Interests of the Elderly" are all embodied,but the role of "filial piety" in the legal protection of the rights and interests of the elderly in China is mainly reflected in two aspects.That is,the connotation of "filial piety" is the legal basis of relevant laws.The "filial piety" complements morality and related laws.Therefore,the author believes that it is necessary to discuss whether it is necessary to strengthen the role of "filial piety" in the legal protection of the rights and interests of the elderly.The second part starts with the severe ageing trend in our country and the problems existing in the transition of the old-age pension mode.We find that the main dilemma of the protection of the elderly's rights and interests in China is the old-age problem,and we begin to address the difficulties and try to analyze it from two aspects.The necessity of "filial piety" in the legal protection of the rights and interests of the elderly in China is based on the analysis of the current situation in China and the historical experience of Britain and the United States.It is found that whether in the short-term perspective or in the long-term perspective,China needs to adhere to and improve the "filial piety".The family pension model,on the other hand,analyzes the problems faced by Japan's elderly issues and points out that China's social security system for the elderly should be combined with "filial piety" as traditional culture and indigenous resources.In the third part,on the one hand,the author believes that "filial piety" still exists in our country and continues to exist and develop from the perspective of the current social and cultural identity and the identification of intergenerational relationship subjects;on the other hand,the conflict between filial piety and the rule of law The problem is the key issue to solve the feasibility of strengthening "filial piety" in the legal protection of the rights and interests of the elderly in China.This article holds that there are two major conflicts between "filial piety" and the rule of law: the inequality between the subject of "filial piety" and the equality between the subjects in the rule of law,the moral internality of "filial piety" and the external force of the rule of law Sexual conflicts.From the perspective of social exchange and relationship contract,these two conflicts can be resolved,and it is believed that it is feasible to strengthen the role of "filial piety" in the legal protection of the rights and interests of the elderly in China.In the fourth part,after analyzing the necessity and feasibility,it further explores the prospects for strengthening the role of "filial piety" in the legal protection of the rights and interests of the elderly in China.This article believes that in order to better play the role of "filial piety" in protecting the rights and interests of the elderly,it is necessary to start from two aspects.On the one hand,it is necessary to construct a new filial piety that is compatible with the current society.Theoretically analyzes that the new filial piety has the foundation for construction,and the direction of the construction of the new filial piety should mainly include: changing the inequality between the parents and children in the traditional filial piety,removing the feudal political factors in the traditional filial piety,and promoting the material and spiritual in the filial piety culture.Two aspects.On the other hand,we must improve the system of "filial piety into law." Among them,we should start with the combination of the compulsory and guiding roles of law,the combination of spiritual support and material support,and the combination of "filial piety" in the role of family endowment and social pension,and improve the direction of "filial piety into law".