A Study On The Legal Guarantee Of Spiritual Support For The Elderly In China

The filial piety culture of our country has a long history.With the progress and development of the times,the filial piety culture has not lost its value and significance of inheritance,but is carried forward in a richer way,not only constrained by traditional morality,but also adjusted by legal norms.In 1996,the first law of the people’s Republic of China on the protection of the rights and interests of the elderly was issued,which gave legal authority to the protection of the rights and interests of the elderly.In 2013,the law made major changes,of which the most remarkable one was the article 18 "often go home to have a look".This revision for the first time made clear the way to realize the spiritual support of the elderly,as a representative article of the protection of the rights and interests of the elderly.To meet the needs of the elderly’s family,we provided basic relief.In the situation of aging and child-bearing,the ability of family to fulfill the spiritual support obligation is weakening,especially there are various obstacles for family members to meet the family needs of the elderly.Family members are required to fulfill the spiritual support obligation actively,and other subjects are also required to actively assist family members to implement the spiritual support of family members for the elderly.Although our country has made great progress in the protection of the rights and interests of the elderly,there are still many deficiencies in the legal protection of the spiritual support for the elderly,and the provisions of this paragraph have not been further improved after the two amendments.This paper focuses on the spiritual support of the elderly.First of all,on the basis of scholars’ research on the spiritual support of the elderly,the author thinks that the spiritual support mainly refers to the emotional comfort given by family members to the elderly in response to their spiritual and psychological needs,so that they can meet their spiritual and psychological needs,with the particularity of the subject,uncertainty of the content and many ways.Secondly,based on the perspective of moral legalization,the author thinks that the law of spiritual support has legitimacy,necessity and possibility,and discusses the nature of Article 18 of the law of the protection of the rights and interests of the elderly,that is,the article of "often go home to have a look".Thirdly,the author makes a search and analysis of the legislative provisions and judicial status quo of the central and local governments on the spiritual support for the elderly,including seven provinces or municipalities directly under the central government such as Beijing,Shanghai,Guangdong,Henan,Hubei,Yunnan and Guizhou.The judicial status quo also takes the relevant judicial decisions of these provinces or municipalities as examples for empirical analysis and based on these judgments In terms of the number of written decisions,litigation claims and judgment results,the judgment results of related cases are roughly divided into five types,i.e.absolute affirmative type,affirmative type,relative affirmative type,negative type and relative negative type.Fourthly,through the analysis of the current situation of legislation and judicial status of spiritual support for the elderly in China,the paper summarizes the legislative difficulties in the legal protection of spiritual support for the elderly in China.Finally,in view of the legislative difficulties and judicial difficulties,this paper puts forward some suggestions to improve the legal protection of the spiritual support of the elderly in China,that is,the legal protection of the spiritual support of the elderly in China needs not only to be improved in law making,but also to be reformed in judicial practice,in which the legislative side should properly define the connotation of the terms,balance the rights and obligations of the main body,and promote the relationship between the central government and the local government We should improve the way of legal relief,play the role of case guidance,and enhance the effectiveness of rules.