2011年1月5日星期三

"Chang Huijia see"is the legal responsibility and moral obligation, not

The revised draft of elder law, "the spirit of consolation," the provisions of the Dell winbook n4 Battery, "Family members must not neglect the spiritual, isolated elderly people," special emphasis "and the elderly who live separately from maintenance, to regularly visit the elderly or the greeting." Wu Ming, deputy inspector of Civil Affairs said, "After the children do not 'always' go home to visit elderly people, elderly people may resort to the law, such an action before the courts generally will not be accepted, but now the court filing to trial."

China is rapidly entering an aging society, due to the miniaturization of family structure and population mobility increased, more and more elderly people living alone. Busy because of work or business, or for life, pressure, or for more distant road, a lot of little children go home to visit elderly people, resulting in a lot of "empty nesters" have a "miserable" feeling, which has become a social problem, but also increase the trend. In this situation, elder law and spiritual needs of older people should be concerned, but to require the child must be "Chang Huijia see", I beg to differ.

Read the above provisions, I immediately had a question: How long to go home to visit the elderly once considered a "regular"? A week, a month or a year? Children settle in the United States to return to visit the elderly once a year may be different than those living in the same Dell vostro 1500 Battery area to visit home once a week, the children moved to comfort the elderly Gengrang. The law is too specific, difficult to adapt to changing circumstances; if the provisions too vague, and not operable.

In addition, statistics on the number back home is also a problem. If you end up in court, said the old man went home only twice a year the children, their children home said ten times, how to judge true or false? Do the authors, must register their children or even his mark every time you go home?

The key is, the law can protect the elderly "spiritual comfort" it? Not to feel lonely old man is the child's obligation, it is mainly a moral obligation, not legal responsibility. This obligation should be based on voluntarily, on the basis of good faith, rely on the law "tie" can not return the children to provide solace. Do not use such a legal weapon, old people can fantasize about their children suddenly appeared in their eyes, and may gain a surprise; and when the old people take up legal arms that go to court, they actually had "alienate in the "family - and their spirit is not only not" comfort "and will be" hurt. "

Meanwhile, the "Huijia see" the moral Dell vostro 1520 Battery to rise to legal liability will dilute the affection of the content. Before their children home to see the elderly is clearly out of consideration and compassion; later, but it is difficult to say the family was forced from the blood pressure of the law.

From a moral perspective, law is a low-end tool and the family is a high demand. If someone broke the moral bottom line, such as maintenance or abandonment of the old man refused, the law certainly can not allow; but if the demand is high are not met, such as the elderly feel the spirit of being ignored, then the law can not do anything, because the low-end tools unable to meet the high demand.

Law is not everything. It is appropriate to adjust the social affairs, but should not intervene within the family; it can provide material security, but can not meet the spiritual needs. Therefore, the legislation should adhere to this principle, that is, to adjust or regulate only those related to public interests or behavior harmful to the society, not force invade the private sphere. In recent years, emerged as the moral decline of the trend, the legislation appeared to rule Germany and the tendency of many draft laws and regulations or the intervention of private morality there provisions to say that this is a misunderstanding.

So, the elderly, "spiritual comfort" issue should be how to solve it? I think that mainly depends on education and public opinion. "Strengthening social morality, professional ethics and family virtues and individual morality, ethics play an exemplary role model." Seventeenth passage in the report should address ethical issues program. On the one Dell xps m170 Battery, "promote the Sound of Music", on the one hand, "flogging off the evil ugly", only in this way, including the elderly, including the ethics of spiritual comfort to be effectively addressed.

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