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Study On The Fulfillment Of The Spiritual Support Obligation Of The Dependants

Posted on:2021-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2506306737968089Subject:Civil and Commercial Law
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China has entered an aging society.The problem of aging is increasingly serious,and the number of old people is increasing year by year.According to relevant data,by the end of 2019,there were about 176.03 million Chinese aged 65 and above,accounting for 12.7 percent of the total population.China’s elderly population is large and growing fast.Support means not only material support,but also spiritual comfort.With the development of society,people’s income increases and household chores are socialized,and the elderly who are supported by them can basically get better living care,but spiritual support has gradually become a problem.China’s "law on the protection of the rights and interests of the elderly" stipulates that the elderly should be provided with spiritual support.Spiritual support is different from daily care,which is often not realized through household socialization.Therefore,how to fulfill the duty of spiritual support is worth studying.According to the law of our country,alimony refers to the children of the elderly and the children of other persons who are legally liable for alimony.If the dependant is given only material care,the dependant may not be satisfied and may require moral support.At present,this aspect of the judicial case is gradually exposed.However,if once resorting to justice,maintenance,from material support to spiritual support,from moral obligation to legal obligation,from moral consciousness to legal enforcement,finally in the enforcement of the end of the exposure of the reality of the legal issues.This paper explores the concept and characteristics of spiritual support by analyzing the opinions of relevant scholars and drawing lessons from institutional experience outside China.According to the analysis of current spiritual support obligations,further defined the subjectivity of the obligation to execute the spiritual support and order,according to the relevant provisions of the protection of the elderly rights and judicial decisions of the plaintiff’s claims,the content and means of their spiritual support obligations to make specific,clear is the spiritual support an obligation standard,improve the system of execution of the spiritual support is the spiritual support to provide an obligation.
Keywords/Search Tags:Spiritual support, Subject of obligation, To perform its obligations
PDF Full Text Request
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