Study On The Legal System Of Spiritual Support In China

Our country since 2013 on the implementation of "the protection of old people’s rights(hereinafter referred to as" the protection of old people’s rights),in which"spiritual needs","spiritual solace",the elderly spiritual interests protected,but the rules can be derived rights protected by the law of the spiritual support have been controversial.Yet,"the protection of old people’s rights to mental interests protection legislation progress,although the civil code in China(hereinafter referred to as the"civil code "),to establish excellent start-up,attaches great importance to the family civilization construction,and respect the principle,advocacy,to carry forward the way to our country to make a perfect marriage and family system,but there is still a lack of clear and specific and operable the defects of the spiritual support of relevant laws and regulations.Material support and spiritual support are the main contents of China’s support system.As for the provisions of spiritual support,there are still some legislative problems,such as unclear normative supply and imperfect legal system,as well as some explanatory problems,such as different conclusions of law application and unclear interpretation of the concept of spiritual support.Based on the system,the judicial practice,and the need of going with the development of The Times change,based on the problem of spiritual support for the root cause,to "civil code" as the research Angle of view,marriage and family to provide for the obligation of adult children and their parents as the research subject,analysis,and put forward their own ideas,for hope,the author promote represented by spiritual support of the family trial related system is increasingly perfect.The content of the specific chapters of this paper is as follows: Chapter One,through the introduction of cases of spiritual support disputes in judicial practice and the thinking caused by it leads to the research object of "spiritual support" in this paper;The second chapter introduces the concept,legal features,specific content,origin and value of spiritual support.The third chapter describes the current situation of China’s legislation and judicial level,leads to the existing deficiencies of the legal system of spiritual support and makes comments and analyses.The fourth chapter gives solutions to the problems in the legal level pointed out in the third chapter,in order to promote the improvement of the relevant system of spiritual support and solve the existing judicial practice dilemma of spiritual support disputes through the construction and improvement of the system level.