| In ancient times,there were ’ great filial piety and respect for relatives,followed by humiliation,under which they can be raised ’,and the existing ’ often go home ’clause.China ’s traditional filial piety culture has formed a profound moral and cultural foundation in the process of inheritance.The essence of traditional filial piety culture has gradually been accepted by the modern rule of law.It has attached importance to material support obligations and spiritual support obligations,and stipulated that the family visit leave system provides the necessary conditions for the supporter to fulfill the support obligation.However,with the acceleration of the aging process in China,the satisfaction of material materials and the improvement of income level make more and more elderly people pay attention to spiritual needs,eager for their children ’s care and companionship,respect and understanding,and expect the rule of law society to give a certain response.This paper takes the spiritual support of the elderly as the research object,examines the current situation of its legalization guarantee,finds out the problems existing in the process of its legalization guarantee,and tries to put forward the path to improve its legalization guarantee.This paper is composed of five sections.Introducing the importance of the research problem,the current state of academic research,research methods,and fundamental concepts,this is the primary part of the introduction.An overview is the second part.Firstly,it clarifies the definition of spiritual support for the elderly in China.It holds that spiritual support is the right of identity enjoyed by the supported person based on the identity relationship.It is a legal right with the interests of realizing spiritual needs.At the same time,it is also a legal obligation that the supporter must fulfill based on the identity relationship.Secondly,it combs the reality of the spiritual support of the elderly in traditional society and modern society in China,and holds that the filial piety culture and filial piety regulation in traditional society provide historical basis and cultural foundation for the legal guarantee of the spiritual support of the elderly.The spiritual and psychological needs of the elderly in modern society cannot be met by their children,but the spiritual support of their children has become a key factor in measuring the quality of life of the elderly.Finally,the legitimacy,necessity and feasibility of the legalization of spiritual support are analyzed in combination with filial piety culture,moral legalization and social reality.The third part is the status quo.It examines the status quo of the rule of law for the elderly ’s spiritual support from the legislation.It is concluded that China ’s legislation attaches importance to the protection of the legitimate rights and interests of the elderly and pays attention to the rights and interests of the elderly ’s spiritual support.However,there are different understandings of the elderly ’s spiritual support in local legislation,and there are certain differences in the content provisions.On the other hand,examining judicial cases,it is found that the dispute of spiritual support has the main characteristics of taking material support as the premise,taking visitation as the main way of performance,and the main characteristics of the judge ’s support for the appeal of spiritual support.In addition,the legal logic of the judge ’s trial in typical cases has its similarities.The quandary is the fourth part.It believes that the legislative dilemma is manifested in the imperfect rules of spiritual support obligations,the unbalanced relationship between spiritual support rights and obligations,and the low degree of convergence between local regulations and laws.The judicial dilemma is manifested in the lack of subjective consciousness of spiritual support,the inconsistent application standards of spiritual support obligations,and the limited judicial relief channels for spiritual support.The fifth part is the perfect path.At the legislative level,the first is to improve the rules of spiritual support obligations from the scope of the subject of spiritual support obligations,behavior patterns,and legal responsibilities;the second is to balance the rights and obligations of all parties from the equal relationship of rights and obligations;third,strengthen the connection between local regulations and laws;at the judicial level,one is to enhance the legal awareness of the spiritual support subject from the aspects of judge interpretation,legal aid and law popularization activities;the second is to refine and summarize the more mature practices in judicial practice in the form of issuing judicial interpretations or guiding cases and typical cases to form a relatively unified standard for the application of spiritual support obligations;the third is to optimize the trial mode of spiritual support cases,standardize the reasoning mode of judges,and establish the supervision system of return visits of spiritual support cases into the consideration of improving judicial relief channels. |
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