The Research Of The Conflict Between The Traditional Filial Piety And Legal

Based on the traditional filial piety and legal conflicts in our country,this paper sorts out the evolution of traditional filial piety thoughts in various schools and the process of filial piety in the dynasties.It analyzes the legal provisions of filial piety in modern Chinese law,as well as the conflicts between the protection of basic human rights in modern law and the traditional filial piety requirements.Through some cases,it analyzes the performance of traditional filial piety and legal conflicts.The main manifestations are four categories:the first category is due to the particularity of traditional filial piety in China,and it has inevitable conflicts as a special kind of morality and modern law;The second category is the influence of the strong family concept in traditional filial piety on modern marriage.The family's significance to the Chinese is extraordinary,and marriage and birth are the bridge that can continue the family generation,and also the basic carrier of the filial piety culture.The traditional concept of filial piety has a certain conflict of ideas with the freedom of marriage advocated by modern law.The third category is that under the influence of traditional filial piety,the development of the concept of children's rights in China is greatly suppressed and restricted.The fourth category is the "respect" in the traditional filial piety culture is incompatible with the legal provisions of the legal spirit support in China.The respect and care of the parents in the traditional filial piety culture is a spiritual support method that is naturally exposed to external behaviors,and the law of our country The spiritual support clause is prescribed by the fact that the family members often go home to visit their parents,which conflicts with the concept of traditional Chinese filial piety.From the essence of traditional filial piety in our country,the author deeply analyzes the theoretical reasons,value reasons,historical reasons and social reasons for these four kinds of conflicts,and makes in-depth reflections on the slowing down of conflicts due to the causes of conflicts,mainly from the ideology and insurance system two aspects to propose corresponding countermeasures for the mitigation of conflicts.In the hope that we can change the concept from the traditional filial piety culture and the modern rule of law,inherit and carry forward the essence of traditional filial piety,solve the problem of supporting old people and restrictions on children's rights,make the society more harmonious and stable,and people's happiness index is getting higher and higher.