On The Legal Compulsory Of Family Relations

This paper mainly discusses whether the family relationship can be legally enforced.The "filial piety into law" as stipulated in Article 18 of the "People's Republic of China on the Protection of the Rights and Interests of the Elderly" is the research object,indicating which family relationship can be legally enforced.What kind of family relationship cannot be legally enforced.Through analysis,this paper attempts to draw the following conclusions: family relationship is divided into interest family relationship and affective family relationship.Among them,interest family relationship can be legally enforced.There are many provisions on interest family relationship in current legislation;Eight "filial piety into the law" belong to emotional family relationships,and emotional family relationships are not suitable for excessive intervention by law.To demonstrate this point of view,the paper is written from the following sections:The introduction mainly includes four aspects: research purpose,research summary,research significance and research innovation.This part aims to illustrate the research topic of this paper,and points out the innovative significance of this research by summarizing the existing research level.The first part is the presentation of the problem.With the introduction of relevant cases,it analyzes the problems that may exist in the court judgment,and uses the trial data to explain that the subjective willingness of the elderly to resort to legal means to solve the emotional problems with children is not strong.The second part is the "filial piety into the law" in traditional society and modern society.Firstly,it analyzes the traditional society.The law can enforce filial piety and explain in detail the development and evolution of the traditional filial piety.This shows that filial piety has the meaning of maintaining the rule of ruling in traditional society.The traditional Chinese society is dominated by natural economy,and agricultural development has formed The family is the main production unit,the parents have rich experience in agricultural production,and gradually form the authority of the father-parent system.The children must obey the will of the father,and the filial piety can have a development soil in the traditional agricultural society.Secondly,Analyze the impact of modern social changes on legally enforced filial piety.The "filial piety" of modern society has undergone many changes.Due to the change of social development pattern caused by social division of labor,the transformation of "acquaintance society" to "stranger society" has affected the change of law in family relations.The third part is the limit of "filial piety into the law." Explain from three angles: First,the law maintains the limits of morality,analyzes the limitations of moral legalization,and further proposes that there should be boundaries in the process of moral legalization.The second is the legal limit in social control.As a kind of social control means,law does not interfere in all fields,and should focus on the role of other social control means.The third is the limit of legal restrictions on freedom.The state's restrictions on freedom should be limited.Each family's mode of getting along is different,and the way of expressing emotions is different.The expression of filial piety should be individual and should respect the different choices of children.At the same time,it analyzes the manifestation of the legal compulsory family relationship in the repressive law,the autonomous law and the adaptive law,and points out whether filial piety should be adapted to the needs of society.The fourth part is the regulation of emotional family relationships.By analyzing the difference between the interest family relationship and the affective family relationship,it is pointed out that the emotional family relationship is not suitable for excessive intervention by the law,and the maintenance of the emotional family relationship should mainly rely on the power of education.The conclusion part is a summary of the paper.There are two kinds of family relationships: affection and interest.Children in Article 18 of the Law on the Protection of the Rights and Interests of the Elderly often go home to visit as a kind of affective family relationship.It is not suitable for excessive intervention by law.The legal intervention is Limited.