Study On The Sharing Of Support Obligations For The Elderly In Rural Families With Many Children

China is now facing the problem of rapid aging,which is also the current trend of society,and ensuring that the elderly are provided for is a necessary question in the process of dealing with the aging society.In contrast to the sole responsibility of supporting a one-child family,the issue of aging in a large family is a "collective responsibility system".While the responsibility for the elderly is shared,there are also risks associated with this system,which can lead to family disputes and "kicking the can down the road".The current law has made clear provisions for the support of the elderly,that is,no conditions should be attached to the fulfillment of maintenance obligations.However,in the case of multi-child families,the issue of support responsibilities is currently in a vague state and there are no laws,regulations or systematic policies to guide the allocation of responsibilities.In particular,the situation of rural families with many children varies,so it is necessary to clarify the allocation of responsibilities among the various support obligors in rural families with many children.To address this issue,we first start with three typical cases to point out the legal issues involved,and further analyze the problems,elaborating the reasons behind them and the implications they bring.On this basis,the legal relationships of different types of families with many children are analyzed and experiences are summarized.Finally,suggestions for legislative improvement are made.The analysis concludes that in the three typical cases,there are problems of children shirking their responsibilities to each other and local customs contradicting the legal regulations,which may cause difficulties in the lives of the elderly and damage their rights and interests.Therefore,on the one hand,different strategies are needed for different types of multi-child families: for multi-son families,the joint and several responsibilities of the sons can be considered;for multidaughter families,the daughters should be advocated to collaborate and help each other,and the husband and wife should share the responsibility of supporting the four elderly;for multi-child and multi-daughter mixed families,the daughters’ responsibility for the elderly should be affirmed,and in the early nurturing "A bowl of water should be used to level the playing field".On the other hand,as the actual situation among children is inevitably different,we should choose a more flexible way to share the responsibility,that is,complementary advantages,each to do their part,"having money to give money,having power to give power,having work to give work,having housing to give housing",rather than "one size fits all".Therefore,in terms of legislative improvement,first of all,we need to improve the relevant provisions of the Law on the Protection of the Rights and Interests of the Elderly,and add penalty provisions to curb the undesirable phenomenon of unwillingness to support parents,and improve the provisions of social services,so that they can become a useful supplement to family retirement.Secondly,we should cooperate with the Law on the Protection of Rights and Interests of the Elderly through flexible and diversified local legislation to solve problems and resolve conflicts in accordance with local customs and practices.Finally,to set up relevant supporting systems,one is to suggest the grassroots courts to appropriately invoke local laws and regulations,and the other is to refer to the practice of the Law on the Protection of Rights and Interests of Women and give the procuratorial organs the right to initiate public interest litigation on the protection of the rights and interests of the elderly and support the elderly to defend their rights according to the law in the form of legislation.