Research On The Legal Issues Of The Elderly's Mental Support

With the continuous development of social economy and the continuous improvement of social security,many elderly people can rely on themselves to meet the economic needs,but the spiritual and emotional needs cannot be met by themselves completely.The aging of China is deepening,the function of family pension is weakening,and the problem of mental support for the elderly is becoming more and more prominent.However,the relevant laws and regulations on mental support are not perfect.In addition,the number of mental support disputes has increased in recent years.Many new problems in judicial practice have not received timely attention,which has further led to the deterioration of the legal ecology in the field of mental support.This article takes the mental support of the elderly as the theme.After a comprehensive introduction to the theory of mental support for the elderly,it briefly combs and analyzes the contents of the mental support of the elderly in several representative national legislations.Then,it focus on the legislation and judicial status of the elderly in China,and based on this,discusses the realistic path to solve the problem of mental support.In addition to the introduction,the article is divided into five parts:The frist part: Cases under study.This part introduce a judical case.There are some typical and difficult problems in this case.By introducing this case,this paper introduces the subject to be studied.The second part: The theoretical consideration of mental support of the elderly.On the premise of summarizing existing academic research,this part introduce the concept of elderly's mental support,the necessity of elderly's mental support and the rationality of relevant legal provisions.The goal is showing the basic theoretical features of the elderly's mental support.The third part: The extraterritorial legislation of the mental support of the elderly.This part focus on Singapore,South Korea,Japan,and the United States,which are representative of the elderly's mental support legislation,briefly introduce the situation of their elderly mental support legislation,and evaluate the extraterritorial legislation.The fourth part: The investigation of the domestic status of mental support of theelderly.This part take <<Elderly Rights Protection Act >>,31 local legislation and nearly 100 judgments as a research sample,find out the basic situation and problems in our country's mental support legislation by comprehensively analyzing the content of mental support in law and local legislation;and find out the existing problems and regular pattern of domestic mental support lawsuit by in-depth analyzing the following contents:the original defendant's basic information,trial condition,judgment situation in judicial cases.Then analyzing and interpret some specific legal issues that are worth discussing in the mental support lawsuit.The fifth part: The perfect suggestions for the mental support of the elderly.This part aim at the problems in the field of mental support of the elderly in our country,combine with the empirical analysis results carried out by the author,put forward suggestions for the improvement of the mental health of the elderly in China.