| At present,the number of the aged population in China is increasing,and its proportion in the total population is increasing.With the aging trend becoming more and more serious,the old people’s right to support is infringed from time to time.It is one of the important problems that the society must pay close attention to so that the old people can truly be "supported and supported in their old age" and enjoy their old age.The protection of the right of maintenance can be divided into two aspects: the material protection and the spiritual protection.On the one hand,it concerns the old people’s life in their later years,on the other hand,it affects the harmony of the family and even the society.How To better solve the old age of life,let the children to fulfill the relevant maintenance obligations is one of the judicial practice to explore more problems.The protection of the old people’s right to support needs not only the efforts of individual citizens,but also the joint efforts of the society and the state,in order to better solve the problems related to judicial practice.This article focuses on the judicial protection of the right to support the elderly,mainly based on the judicial practice in recent years involving the disputes related to the right to support the elderly,through the analysis of the disputes of the cases in which the old people’s right to support has been violated in recent years,this paper selects the representative cases to analyze the common problems existing therein,and finds out the causes of the problems,make targeted,Operability recommendations to better protect the right to support older adults.The first part of this paper expounds the system of protecting the rights and interests of the aged,analyzes the concept and connotation of "the right to support the aged" and the relevant legal provisions in protecting the right to support the aged in our country at present,the rationality and necessity of this topic are discussed in detail.The second part of the article mainly analyzes the judicial status quo of the protection of the rights and interests of the elderly in China,and summarizes the cases concerning the protection of the right of maintenance in judicial practice,this paper analyzes the problems existing in the protection of the rights and interests of the elderly in the cases of recovery of maintenance,including the following aspects: The lack of humane care in judicial protection;Limitation of Action for recovery of alimony;different standard for determination of alimony.The third part of this paper is mainly to take the inspection of the protection of the rights and interests of the elderly as an opportunity,first of all,elaborated the specific provisions of the protection of the right to support the elderly in legislation and justice,in line with the judicial practice of our country can be used for reference for demonstration and analysis,and to learn from.Secondly,combined with the specific practice of our country,the paper puts forward some suggestions for the related problems analyzed in the second part,including the following aspects: establishing special judicial procedures in the case of alimony dispute;Issue guiding cases according to the judicial needs;Change the existing way of spiritual support;Establishing special judicial mediation system;We will improve the legal aid system.Through the above analysis and related recommendations with a view to better realize the protection of the right to material and spiritual support of the elderly,so that the right to support the elderly can be better protected,so that the elderly live a happier old age,to improve the well-being of the residents. |
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