Legal analysis of “often go home to see the aged”(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2014年03期
- Page:
- 126-130
- Research Field:
- 共生社会学
- Publishing date:
Info
- Title:
- Legal analysis of “often go home to see the aged”
- Author(s):
- WANG Zhen
- School of Law, China University of Political Science and Law, Beijing 100088, China
- Keywords:
- The Aged Protection Act; “often go home to see the aged”; legalization of morality; legislative interpretation; judicial interpretation
- PACS:
- D923.8
- DOI:
- -
- Abstract:
- The new Aged Protection Act was formally implemented, which stipulates that the children who are living apart from the elderly parents have the obligation to visit or greet the elderly parents regularly. It has triggered the endless controversy. From the perspective of moral law,the provision legalizes virtues; but from the perspective of the enforceability, the provision is too vague. At the same time, there exists a conflict between the provision and The Labor Law which came into effect in 1995,and it is difficult to supervise the implementation of the provision and achieve the legislative purpose. To achieve the desired legal effect, it is necessary to perfect the provision by the way of legislation or judicial interpretation and mediation mechanism.
Last Update: 2014-10-09