Intermediary pays close attention to outside " old people rights and interests guarantees a standard " " often come home look " foreign legislation has experience
European legislation
Use up filial piety to be quantified " day "
"Tree desire is static and wind is more than, child be about to raise and kiss prep before " , him provide for father female parent should be " perfectly justified " thing, however, the rapid development that changes as the city, China is aged of population climb litre, "Empty nest old person " this one phenomenon is more and more serious. "Often come home look " became these alone old people unexpectedly " extravagant hopes " .
Rose to be carried out formally on July 1 " old people rights and interests guarantees a standard " redeem hopeful " the happiness that those years we pursue kisses affection " . And in " often come home look " on legislation, abroad is early precedented, day, Han, India already made set an example very well, and Europe more in " mental support old person " on accomplished quantify " daily " .
Europe uses up filial piety path to be quantified " daily "
Be in whole Europe, because system of integral provide for the aged is more perfect, children is right parental obligation, point to morely " mental provide for " . It is with France exemple, french society takes domestic idea seriously, fall to real point through law. French government edits even relevant law, requirement children gives an old person more mental consideration, include the track that children must tell him father and mother at any time among them, master body state of parents at any time.
However before this, the children that old people place hopes " often come home look " did not fulfil real point however. Came in June 2003 July, the high temperature heat wave that sweeps across Europe makes France 15 thousand person dies, it is an old person for the most part among them. A lot of old people are discovered in a lot of talents after dying, the remains that still has a lot free watch caseof old people is very long unmanned claim. And this one incident lets French government be determined to pay close attention to old life to retain position through legislation.
In view of afore-mentioned serious society problems, active law of France stipulaharrison hot spring dealtes grown children must give the parents that does not have economic capacity to offer the life to aid financially not only, still must " respect and show loving care for " old person.
Not only France is such, to Europe, "Mental support old person " become main obligation. In the law of country of Sweden, Finnish Ou Fuli waiting for north, have concerned children to parents " mental provide for " specific requirement, in order to assure the happiness of old people old age.
These requirements with quantified means specific the living space that the best selling modern dining chairsprovided children and father and mother, annual, every are month, weekly and even daily the time that ought to engage with parents and frequency; Connect children and the avoid language that parents talks to be restricted, thereby the quality that utmost ground assures provide for behavior from legislation.
Japan and old person be apart " the distance of a bowl of soup "
norton internet antivirusJapanese children often should come home look " empty nest old person " the problem is to be in what when 669 time economy flies, last centuries highlight. Japan is more typical " man center creed " society, the woman is the fundamental strength that provide for patronizes an old person all the time, but fall in the swift and violent concussion of industrialization and urbanization, traditional " male advocate outside, female advocate inside " the change that domestic idea produced profundity, more and more women walked out of a door, enter all sorts of society activities, make of the family nurse, support function is changed infirmly.
Japan makes last centuries since 60 time " law of old people happiness and benefit " , " old people hygiene " , " basic law of senile society countermeasure " wait, emphasize the responsibility of provide for the aged of country, local government and relevant organism morely, seethe best spring pool the content of domestic provide for the aged rarely.
In recent years, because cost of social provide for the aged is exorbitant, and be hard to solve mental solace problem, the government begins to emphasize the value of domestic provide for the aged, offer a government subsidy to domestic provide for the aged.
Go up century 70 time, of Japanese family " empty nest " the phenomenon is very serious, ethnics home put forward " a bowl of soup is apart from " concept, namely living distance of children and old person does not want too far, won't cool with sending the past a bowl of soup for the standard. Such children have her world already, can go to the lavatory again take care of elder.
India ignores an old person to pass your three month
2007, pull in heart of sea of Indian south city cling to, the worker of a crematory is preparing to burn when a body, body actually " vivid " come over! After this person is saved, crying to say: "I did not want to live, why should save me? ! " this person already 75 years old, come from a rich family of local, but after contracting cancer personally, children does not wish to pay medical treatment fee, then he moves toward crematory acedialy.
Confront this one ceaseless and serious society phenomenon, india is legislative " skill is rescued " . India writes in legislative file: "Community system subsidise, old people is being abandoned at present. " this law provision,the most popular selling norton internet antivirus if the child does not take care of parents, will be shut 3 months.
The principal port that Indian media thinks this law comes on stage mostly depends on will coming.
India is " young " country, the 51 ％ in 1.1 billion total population under 25 years old, 2/3 population under 35 years old. But meanwhile, the aged population also is rising quickly, to 2016 estimation can increase to 113 million, to 2026 this one word cthe best selling watch casesan be climbed rise 179 million.
Singapore legislation raises an old person to break the law sentence a year
1994, singapore was made " law of provide for parents " , the regulation is in Singapore, if discover children really nonobservance this law, the court fines the court decision 10 thousand Singapore to its yuan or sentence a year of set term of imprisonment.
June 1996 according to this law, singapore established arbitration tribunal of provide for parents again, arbitral front courtyard by lawyer, work person wait for composition with average citizen, local judge is held the position of advocate careful, if mediation won'ts do,try hand-in-hand travel to adjudicate on by arbitration tribunal open a court session again.
Korea
Provide for old people buys a house can preferential
Korea construction the Ministry of Communication released in September 2006 " housing subscribe system reforms scheme " regulation, the family of grandparent or mother of those provide for foster parent, farther-in-law, grandfather mother will be obtained preferential the authority that buy a house. This regulation alleviated on one hand filial piety straight is bought femaly
Room pressure, also encouraged the good general mood of support old person on the other hand.
Intermediary heat discusses peasant worker worker to do not have a condition outside " often come home look " the old person also will surely be not sued
The China after editing " old people rights and intthe most popular watch caseserests guarantees a standard " apply since July 1, the wide attention of the intermediary outside was being caused.
BBC (BBC) the article says, this law does not have demonstrate " often visit " cycle is after all how long. But BBC says, this does not mean this law to do not have real significance. Contrary, this law arrives since can alone to youth attention old person " education " action, also can regard as China to often ought to come home with respect to children at the same time the legal starting point that sees parents.
The United States " new York is daily news " also put forward same question to say to this, this law did not set those who visit father and mother to the child comes home " frequency " , if was disobeyed,also did not clarify why will be planted penalty. The article says, law of this new castigatory changes Chinese current situation very hard, because be in China, a lot of peasant worker worker do not have a condition " often come home look " , and will tell from affection, if the child does not come home,look, parents also will surely be not sued because of this.
Sun Rejun of expert of law of courtyard of law of Chinese people university is accepted " legal evening paper " when interviewing, express self-identity to this viewpoint. Sun Rejun points out, the country comes on stage " old people rights and interests guarantees a standard " propagandist meaning in fact more be more than real significance, the country publishs this law paying close attention to old people more at advocating young generation more actually, often come home look. Law to " look " limitting is not very clear, real significance of law is caring an old person at making children much at ordinary times. No matter you are,still be in the home outside, can offerring an old person adequate care is good, as a result of the limitation of external condition, often also must not come home certainly look.
Expert viewpoint has real court decision drill a gender precedented
To China, "Often come home look " legislation is one begins only, it provided legal basis for parental dimension authority, but carry out rise to be put in certain difficulty however. Because new provision provision is relatively general, the children of negligence, desolate to those parents did not offer specific penalty measure, because this is thought,lack maneuverability. But Xiao Jinming of Shandong college professor thinks to be not however such. He says, "Often come home look " as the legal provision that proposes gender and supportive sex, have active sense.
Xiao Jinming thinks: "Old people rights and interests ensures a law to belong to the category of social law, the tort liability law in social law and the criminal law that interpret normally and civil code is different, advocate gender, support sex and the clause of stimulative sex to have a lot of among them, reflected governmental responsibility, society responsibility morely, include domestic responsibility. In the meantime, this clause also is not not to have maneuverability. Before this, and other places of Shanghai, Tianjin, Jiangsu has similar court decision, decide provide for obligor should arrive home on timi want modern dining chairse in go seeing an old person. Decide provide for obligor should arrive home on time in go seeing an old person..
And that day morning, court of people of division of pond of north of the city that do not have stannum is opposite one case provide for case undertakes publicity sessional cognizance, sentence the accused forces some, Zhu Mou is compensated except the economy with give accuser Chu Mou certain outside, still need at least every two months visit a greeting to abode of old person house. This right " often come home look " appeal to the court decision that seek, be " rights and interests of old people of People's Republic of China guarantees a standard " the home after applying first court decisions.
Perfect social security is more important than be being attended compulsively
When stone of Japanese Kobe university enjoys one professor to accept law late reporter to interview this morning formerly, express, be in Japan, the frame of the social security such as safeguard of facilities of nursing of beadhouse, old person and annuities, life is more perfect, old people need not rely on children to also can live. And, a lot of Japanese are very clear if understanding abandons the parents of own old, can damage oneself social reputation, also can lose the credit in kin and society. Shiyuanxiangyi says, be in Japan, many old people have the property such as deposit and land, richer than the youth. Take care of aged father and mother to be mattered to to children whether the belongings of successive parents.
Right to China " often come home look " legislative, shiyuanxiangyi expresses, be in China, the frame of social security is not quite perfect still, so use statute comes the obligation of old person of support of specific provision children also has have to one side.
But he expresses, as the development of market economy, domestic ligament slowly the phenomenon that slacken also is world applicable to both or alvancouver to harrison hot springsl. Resemble " parents of total to heart of sincere filial piety be not a patch on is opposite children the care with altruistic children " (Japanese adage) say in that way, parents does not want to increase a burden to the child.
Shiyuanxiangyi expresses, take care of the obligation of the old person than giving each families to force, the frame that the government perfects social security is more important. And the finance fountainhead to assure social security, chinese government must want to consolidate income tax institution, assure to prohibit of this kind of imposes taxes due condition of evade taxes evade taxation fulfil. (Li Shixiang of reporter of legaharrison hot spring weather forecastl evening paper)
No comments:
Post a Comment