Research On The Support Dispute Of The Elderly

As the vulnerable in society,the elderlys’ rights and interests deserve special protection.This protection is the obligation of different roles as the family,society and government.In the process of protecting the maintenance rights and interests of the elderly,different subjects play different roles.Each subject plays an important role in cooperating and complementing each other.In the process of solving this problem,there will inevitably be conflicts of interest between different subjects,such as conflicts between the obligators and the obligees,and conflicts among the different obligees.All these conflicts are concrete manifestations of maintenance disputes.The research on the maintenance problem is not only the research on how to protect the support rights and interests of the elderly,but also how to balance the interests of all parties on the basis of protecting the support rights and interests of the elderly,so as to achieve the resolution of disputes and family and social harmony.The elderly is the dependent,most of the supporters corresponding to the elderly are the young and middle-aged group,which is the main force to promote the current social development.Proper handling of the maintenance problem of the elderly is closely related to whether this group can maximize their contribution to social development.This thesis emphasizes on the maintenance problems existing in the current social environment,and predicts the problems that may occur with the aggravation of aging population in the future,and analyzes relevant domestic and foreign legislation and cases.It is a moral issue for offspring to support their elderly parents.Of course,it is not enough to rely solely on moral education.How to support them,to what extent they should support them,and who should support them,etc.,these are legal problems.When judging these problems,the law should be consistent with the current situation of social and economic development while protecting the legitimate rights and interests of the elderly.This thesis aims to integrate various factors to study problems and analyze laws so that the legitimate rights and interests of the elderly can be protected while giving consideration to the interests of multiple parties,reducing disputes and achieve harmony.On the one hand,ensure the elderly’s original right is not to be infringed,and to improve the specific protection measures rather than only stipulate the principal provisions;On the other hand,rights and obligations correspond to each other.There should be a limit to the rights of the maintainer.It is not conducive to the harmonious development of thesociety if the obligor bears too much obligation.How we hold such balance and how to coordinate the relationship between the two aspects are the research to be discussed.In addition to ensuring the balance between the rights and obligations of support,it is also necessary to focus on the study of some special problems that are increasingly evident in the current aging background,for example,how to protect the interests of groups such as the disabled elderly,the mentally disabled elderly and so on.In addition to observing problems from the perspective of legislation,problems should also be analyzed from the perspective of law implementation and social security policies.Law is not omnipotent,and the support problems in the background of aging population needs to be multi-pronged.This is another key point that this paper focuses on.In social practice,some local governments are groping for the support forms suitable for their own regions in the form of legislation and relevant policy.In the academic discussion,some scholars put forward their own opinions on the specific issues of support.Based on the national conditions of current situation of China’s economy and the number of elderly population,the present legislation is hysteretic,so foreign related systems of elderly protection has some reference significance to our country.Scholars at the “Two sessions” in 2010 have demonstrated the importance of China’s support system,and this paper also holds this view.Therefore,the foothold of this paper is to improve and innovate the existing legal system of support on the basis of family,and at the same time to absorb foreign system design such as community pension to assist support legislation to protect the elderly in their later years,so as to achieve legislative perfection under the new social situation.Therefore,the foothold of this paper is to improve and innovate the existing legal system of support on the basis of family,and at the same time to absorb foreign system design such as community pension to assist support legislation to protect the elderly in their later years,so as to achieve legislative perfection under the new social situation.