Can the old man’s loneliness be solved by law?
The new version of the “Old Age Law” was released and recommended to give the elderly more spiritual care.
One of the special concerns is that children will often go home to see the law. If their children don’t go home often to visit the elderly, the elderly can resort to the law. In the past, such courts would not accept the case, but now the court must file a case.Trial.
As soon as the news came out, it was awkward. The words “new old age law” became the key to the rising speed of Weibo yesterday. The practice of regulating moral issues by legislative means caused a heated discussion among bloggers.
Can the old man’s loneliness be solved by law? “If you go home and see it, if it is passed, it will become a legal provision. After the children do not often visit the elderly, the elderly can resort to the law and the court will also open the case.
The Vice-President of the Qinhuai District Court of Nanjing, Sun Xia, told the reporter that she has been paying attention to the revision of the Law on the Protection of the Rights of the Aged.
She said that the elderly support cases are generally for the elderly because the children do not give support to the court. After the judge or mediation, the judge usually swears: “In addition to supporting the elderly, it is necessary to go home often to see the elderly.More spiritual comfort is needed.
“There is no legal force.”
The court took the lead in establishing a high-level security court in the province in the early 1990s. So far, no elderly factor has resorted to the courts to fulfill the obligation.
Last year, the court had more than 130 disputes in the judicial category, including 10% of cases involving old-age support.
”From morality to the constitution of the law, the starting point of legislation is good, but the problem of operating size needs to be solved.
Chen Hao, director of the Institute of Sociology of the Provincial Academy of Social Sciences, believes that it is more difficult to operate “to go home and see”.
If children can’t do it, how can they be investigated?
If the children are neglected to visit the greetings, and the death of the elderly who live alone will be ignored for many days, it may be easy to pursue.
But in most cases, it is difficult to pursue.
Sun Xia is very happy to see “often go home to see” into the law, but “go home to see” what frequency?
In what way?
How to restrain?
After all, it involves the living people, and the constraints on “intention” and its behavior are the most difficult.
She predicted that even if it was entered into the law, most of it would only be resolved by mediation.
Fang Ming, an associate professor at the Institute of Law of the Provincial Academy of Social Sciences, said that moral restraint relies on public opinion disputes and self-discipline, but the legal binding force is mandatory.
She put “often go home to see” into the law, compared to the “access rights” in the divorce case.
She said that although the new “Marriage Law” has clear provisions, if the other party refuses to implement, the court can enforce it.
However, from the perspective of actual implementation, the implementation of access rights cannot be in place.
“This kind of stipulation is a ‘harmless clause’, but it can be very difficult to implement.
If there are too many harmless clauses, it will affect the national legislative resources.
Will the law “snatch the show” dilute the relatives of the 70-year-old Nanjing blind elderly Wang Yingmei, and their children do not live together.
When she is sad, she will call her son in bed: “I am dizzy, my son is not coming!”
“My son won’t come, don’t take me to see a doctor.”
The reporter learned that in fact, the younger son of the elderly in his 40s will come once every half month, but the old man thinks this is not enough.
“It’s very reasonable to write the children’s time to read it, but if there is an old man who will go to court if he doesn’t go well, will he be rude?
Lu Xianling said, “old and old”, the elderly are often very childish, because the life is slender, they will not want to open for a moment, and they will use their anger. If they go to court, once the breakthrough is intensified, the feelings of both sides will be weaker, and the face will be torn.Recovery is not easy.
According to a website survey, 48% of netizens believe that parents can sue their children and ask them to “go home often to see”; at the same time, 41% believe that feelings cannot be reluctant, and forced care will not bring warmth.
”The way modern Chinese prefer it is: two generations live nearby and help each other.
“The deputy director of the Provincial Committee on Aging, Niu Wei believes that “often go home to see” can sing, but writing into the law may cause human feelings.
At the moment, there are many parents and young people living in a community, a building, or even a door-to-door. This helps each other, maintains the medical school of respecting the elderly and the young, and adapts to the needs of the two generations, maintaining harmony.Intergenerational relationship.
In the province, we will add 6,000 community home care service centers within 3 years.
The “home” of these old people is not a concept of physical space, but also has interpersonal care, emotional communication, and is also a social environment for material old-age care and spiritual pension.
User view: tanchishu: Why?The children should have to bear the responsibility, but also to legislate, I feel that the children of China are derelict!
Shankka: How many elderly people will tell their children that they are not going home?
Jiao Jiao said that I am an artist: children should always go home to see the separation of the old age law.
But when you don’t come, you are empty and leave your home empty.
Jingjing Goodnight: Now the Old Age Law stipulates that children must go home often to see. give an alarm to those who don’t respect their parents. It’s good.
Jiaopfei: I don’t know what you are when I see this news.
When the minimum care for the elderly is also written into the law to restore restraint, as a child, is it somewhat shameful?