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Legislation Is Not Feasible On Filial Piety

Posted on:2012-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:J M FengFull Text:PDF
GTID:2166330332497021Subject:Law
Abstract/Summary:PDF Full Text Request
Filial piety is the core of Chinese culture, but the past century, the wane. Jurisprudence as a thesis paper, discuss the issue of filial piety legislation, or simply that in modern society, how to play the legal role in the reconstruction of filial piety. The article is divided into four parts: The first part analyzes the relationship between law and morality. Including the morality of the content, ethical and legal type of development, adjustment and legal regulation of morality. The second part discusses the proposed legislative issues of filial piety. Consists of two parts: the importance of filial piety and the urgency of reconstruction. The third part of the legislation is not feasible because of filial piety. Including the real reason for the decline of filial piety; legal limitations; piety adverse effects of the legislation. The fourth part of the proposed legislation should not feasible measures of filial piety. Including improving the legal regulations related to filial piety; through education to promote filial piety reconstruction.The relationship between law and moral law has been the focus of academic discussion, this paper first analyzes the content of morality, that road is to run the natural law, while Germany is to follow the operation of natural laws. Secondly, the analysis of the ethical and legal development type that East and West gave birth to the different types of distinctive ethical legal development model: legal formalism reflects the unique people of Western social ethics and institutional arrangements, legal and ethical doctrine is fully reflected Eastern and historical logic inherent in Chinese society, reflecting the Oriental Society of Confucian ethics law right to ask. Finally, the analysis of the moral and legal regulation of the different adjustments. Adjust the system in the social, moral and legal adjustments to adjust the two complement each other, mutual promotion and coordinated development.The proposed legislation is filial piety has its deep-seated reasons. This paper analyzes the importance of filial piety: from a historical perspective reveals the meaning of filial piety. Then with the advanced analysis with the value of filial piety, that the scientific development concept entirely from the Chinese culture, people-oriented, harmony, the gene of Chinese culture; to the soul of Chinese culture with Chinese characteristics market economy and mobilize the people for survival and development initiative, with the Chinese culture to overcome the selfishness of people, and strive to achieve a basic balance between supply and demand of production, distribution do everything and live in a fair and reasonable. Article also analyzes the reconstruction of filial piety in the modern society of great urgency. First, accelerated aging society in China: China in the last century began in 1999 into the ranks of an aging society. The whole country of about 167 million elderly, 80 years old have nearly 100 million, with the disabled elderly have counted more than 2000 million, more than 100 years to reach over 40,000. Second, China is serious lack of filial piety: through piety of Mr. Zhai Yu and found that the increasing decline in the rural areas of filial piety, in fact, the city's piety is not satisfactory, lack of filial piety is not uncommon adoptive parents, children and parents have become commonplace in court, city white-collar workers were given the material referred to as "filial piety", in fact, "filial piety" should also include spiritual giving and responsibility. Can be seen, whether in rural or urban, the reconstruction of filial piety is imperative! Finally, the analysis of the problems caused by the decline of filial piety: the elderly are not due respect; filial piety of the poor is an important breeding ground for corruption; filial cause an increase in single-parent families and crime high; blood people are not maintaining affection between people, national solidarity and cohesion will be greatly reduced.Some legal practitioners try to piety specific legislation, I do not think that. Because the real reason for the decline of filial piety is that the loss of moral education, not just only because of the lack of a "law of filial piety." Coupled with the limitations of the law: "Law of Filial Piety" operation too difficult; implementation of the law is not always efficient; filial piety of the standard is difficult to determine. Finally, filial piety legislation also has its negative effects: intensification of family conflicts; dilute social responsibility.We can take other measures to deal with legislation of filial piety is not feasible. First, perfect the relevant laws and regulations of filial piety, including, respectively, improving the "Law on the Protection rights of the elderly", "Civil Law", "Education Law" and other related aspects of the administrative rules of filial piety. Second, reconstruction of filial piety through education, including educational content, is mainly two things: recognition of the good and lead by example; family education, the parents of the children in the family-oriented moral education from an early age; school education, focusing on how to get the education and Training teachers of moral education; social education, including the "entrepreneur" model, in the enterprise to establish a "filial piety on the old, the next to teach small" corporate culture, filial piety through the media to carry out propaganda, but also the Chinese culture through community and public Forum to promote the reconstruction of filial piety.In short, the virtues, filial piety, filial piety is the virtue. Filial piety, is the traditional Chinese virtues, is the cornerstone of human nature is also the conscience of the bottom line. Thousands of years, filial piety navigate the harmony of the family in the maintenance of social stability and play an irreplaceable important role. Filial piety is a moral category, not by specific provisions of a law, we can perfect the relevant laws and regulations of filial piety, based on through families, schools and the community education to promote filial piety as one of reconstruction.
Keywords/Search Tags:Law and Morality, Filial Legislation, The Limitations of Law
PDF Full Text Request
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