Research On The Legal Issues Of Mental Support For The Disabled Elderly

Two aspects of elderly care needs are material support and spiritual support.Today,as the material life of the elderly is constantly enriched,how to meet the spiritual and emotional needs of the elderly is an urgent problem to be solved.The spiritual needs of the elderly are mainly met through spiritual support.The law on the protection of the rights and interests of the elderly establishes the right of spiritual support for the elderly in the form of legislation,which protects the legitimate rights and interests of spiritual support for the elderly to a certain extent.However,it is a pity that the law only includes all the elderly people into the scope of legal protection of spiritual support,but it does not make further provisions for the disabled and other special elderly people’s spiritual support rights according to the internal heterogeneity of the elderly group.In addition,the principle and advocacy characteristics of the legal provisions of spiritual support make the relevant judicial decisions of the court fall into practical difficulties,such as unable to effectively perform,difficult to effectively supervise the performance effect,and not in place of the judgment execution.In this case,the rights and interests of the disabled elderly spiritual support are difficult to get effective legal protection.Therefore,it is of great theoretical value and practical significance to clarify the particularity of the legal protection of the disabled elderly in spiritual support from the theoretical level,and to analyze the realistic legal dilemma in legislative practice and judicial cases.This paper is divided into the following parts:The first part is the introduction.This part first clarifies the urgency of the need for mental support for the disabled elderly,and on this basis,analyzes the current dilemmas and legal dilemmas faced by the mental support of the disabled elderly in my country,clarifies the research purpose and clarifies the significance of the research.Then it summarizes the research results at home and abroad,and introduces the research ideas and methods of this article.The second part is the theoretical definition of mental support for the disabled elderly.This part first differentiates and analyzes the concept of disability from a multi-disciplinary perspective.Based on this,combined with the evaluation standards of the disability level of the elderly at home and abroad,clarifies the theoretical definition of the disabled elderly,and then discusses the specific mental support of the disabled elderly.Characteristics of content and means of realization.The third part presents the status quo and main issues of the legal protection of mental support for the disabled elderly in our country.This part analyzes the deficiencies of our country’s current spiritual support laws from two aspects: legislative content and judicial practice.On the one hand,this chapter is based on the two dimensions of the lack of spiritual support legislation and the difficulty in achieving judicial effects.Through the statistical analysis of 153 judicial cases,it focuses on the analysis of the legislative reasons for the violation of standards in the judicial practice of prosecution,evidence,and enforcement.On the other hand,using three typical cases of mental support for disabled elderly people as an introduction,combined with the defects of current legislation,it leads to the shortcomings of the current trial practice in the concept of spiritual support,the division of rights and obligations,and legal responsibilities,and the reflections behind the cases The judge’s trial thinking conducts a brief review and analysis,and then points out the current difficulties faced by the implementation of spiritual support cases.The fourth part is the inspection of the legislative experience of relevant countries(regions).Focus on collating and studying the legislation and judicial experience of spiritual support in three countries(regions)of Japan,Singapore,and Taiwan.Discussed the spiritual support and protection system of the disabled elderly in Japan with family care as the core,the distinctive Singapore Parents Support Act,and the special family court’s legislation and judicial protection for the mental support of disabled elderly.The system is complete and operational.A strong legal protection system for the spiritual support rights of the disabled elderly in Taiwan,China.The fifth part is the perfect suggestions for the legal protection of mental support for the disabled elderly in our country.On the basis of summarizing the legal practice experience of extraterritorial countries and regions,based on the national conditions,it is proposed from three aspects:clarifying the specific concept of spiritual support and defining the subject of spiritual support,improving the performance of spiritual support,and supplementing the legal responsibilities of spiritual support.Legislative suggestions for optimizing the spiritual support legal system;from three aspects: the establishment of a special spiritual support dispute court,the establishment of a pre-litigation dispute mediation mechanism,and the improvement of related legal aid systems;suggestions for perfecting the spiritual support judicial system;from exploring the long-term care system,The four aspects of improving the state’s support for the family pension system,strengthening the old-age education legislation,and building a mechanism for sharing responsibility among the government,society,family,and individuals,put forward suggestions for improving the supporting legal systems for the spiritual support of disabled elderly people.