On The Legal Solution To The Dispute Of “Filial Piety” In China

In China’s traditional culture,filial piety is its core concept,but also the inheritance of the Chinese nation has been a fine virtue.In the culture of filial piety,respect and care for the elderly is an important part of it.Since ancient times,the concept of filial piety has been well integrated with the legal system,and our country has also done many useful practices to integrate the concept of filial piety into the socialist legal system with Chinese characteristics to protect the rights of the elderly,urge people to fulfill their filial duty strictly.Through this article,the author hopes to discuss the significance of the present filial piety disputes in China,analyze the problems of filial piety disputes in judicial practice and analyze the reasons behind them,on the basis of this,the author puts forward some feasible suggestions to settle the disputes related to filial piety,which contributes a little to the development of the idea of filial piety and the rule of law.In this paper,the author uses the methods of literature analysis,case analysis and theoretical analysis to analyze and discuss the issues involved in this study,aiming to study the concept and value of filial piety disputes,this paper expounds the problems and causes of the disputes concerning filial piety in the judicial practice under the background of the rapid development of the current society,and puts forward some countermeasures on how to better inherit the idea of filial piety and integrate it with the rule of law system.The specific research of this paper includes the following aspects:Filial disputes refer to the legal disputes arising from the violation of filial piety.Among them,filial piety should be a kind of socialist filial piety which removes the dross from the traditional filial piety and keeps pace with the times.The connotation of the filial disputes mainly includes the disputes between the younger generation and the elders,between the same generation and the third person who is not a relative.These three kinds of connotation can be understood from the dispute involving filial piety,the dispute violating laws and regulations,and the scope of the main body.In judicial practice,filial piety disputes are mainly embodied in civil litigation disputes such as maintenance,inheritance and property,as well as criminal litigation disputes such as abuse and injury,and a few administrative litigation disputes,involving a very wide range.Compared with other countries in the world,the number of filial piety disputes in China is relatively large,mainly due to the long history of filial piety culture in China,the family-oriented mode of providing for the aged and the strong impact of social transformation.Through the analysis of the judicial practice,the disputes concerning filial piety in China are characterized by family property disputes,similar and urgent appeals,summary proceedings and mediation,and withdrawal of prosecution.Based on the strong ethical nature of filial piety disputes,in judicial practice,filial piety disputes are different from other legal disputes,and based on the mediation of filial piety disputes related to family ties,they present a kind of“Weak confrontation”,to bridge the chasm between family and friends through mediation and dialogue.There are some problems in the judicial practice of the dispute concerning filial piety.First,family affection may also become an obstacle to prosecution,the prosecution of filial disputes and difficulties in obtaining evidence.Second,the dispute involving filial piety lacks the strong support of the law.On the one hand,the existing legal provisions are vague and mostly belong to the advocacy provisions.On the other hand,the law of regulating filial piety is absent in our country.Lack of incentives for filial piety and exemptions from the law.Third,the effect of family justice is poor and difficult to implement.First of all,the dispute concerning filial piety should not be resolved by the adversarial way of litigation.Secondly,it is difficult to execute the judgment in the dispute of filial piety,and there is no clear and operable standard of execution.So as to discuss the countermeasures of the following text.The solutions to the “Filial piety”disputes can be as follows: first,to enhance the legal awareness of the elderly,carry forward the concept of filial piety.The awareness of the protection of the elderly has been raised through the publicity and education of the rule of law aimed at the elderly.At the same time,the relief system of community and village committees shall be established to protect the lawful rights and interests of the elderly.Second,improve the existing law and timely formulation of “Filial piety law.”.On the one hand,improve and refine the existing law.On the other hand,timely formulation of “Filial piety law.”.Strengthen the regulation and encouragement to the children’s younger generation,and create a good atmosphere for the whole society to respect the elderly and fulfill their filial duties.Third,innovate the working mechanism of judicial adjudication.First,the establishment of a green channel for the trial of disputes,to protect the efficiency of the trial,reduce the loss of judicial resources.Second,the development of typical cases of filial disputes circuit trial.Carry forward the Chinese traditional filial piety and the socialist concept of rule of law.Third,a compulsory pre-prosecution mediation system for non-criminal filial disputes should be established on a pilot basis to resolve filial disputes more peacefully and reduce judicial costs.To sum up,this paper studies the perfection of the judicial settlement of the disputes concerning filial piety in China at present,and puts forward the existing problems and the countermeasures.These have certain practical significance on how to integrate the concept of filial piety into the legal system of socialism with Chinese characteristics.