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以法律促进孝亲敬老:中国老龄化困局的法治对策

PROMOTION ON RESPECTING AND CARING FOR THE ELDERLY PEOPLE BY LAW: LEGALIZATION MEASURES OF AGING DILEMMA OF CHINA

人口老龄化 研究 中国 养老 法治

2016-10-01

978-7-5161-9120-0

196

9

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内容简介

孝敬老人是我国的传统价值,也是绵延至今,卓有特色的中国价值。当前,随着我国老龄化进程的不断加快,如何有效地赡养和孝敬老人,保障老年人的合法权益,实现“老有所养、老有所依、老有所为、老有所学、老有所乐”的保障目标,成为我们目前面临的重要民生问题。本书立足于我国孝敬老人和老年人权益保障的现状,全面考察和分析了美国、英国、澳大利亚、加拿大、俄罗斯、挪威、新加坡、韩国、日本、印度等国家以及我国港澳台地区关于老人关怀、敬老的立法和政策,对我国《宪法》《婚姻法》《继承法》《刑法》《老年人权益保障法》等现行法律以及代表性地方立法中孝敬老人的相关规定进行了全面梳理和检视,选取了数份老年人权益保障司法判决和案例报道进行比较分析和实证分析,针对子女赡养义务缺位、精神赡养入法争议、法律条文执行力不强、新旧制度衔接不畅、孝敬老人法律体系不健全等突出问题,提出了诸多具体可行的立法建议,破解中国老龄化困境,探寻孝敬老人法治化的实现路径。

From 1950 to 2010, the global fertility rate (excluding China) fell by about 50 percent, but China fell even more sharply, by more than 70 percent. According to official figures, there were about 250 million fewer births between 1979 and 2000. At present, the aging of the Chinese population is very serious, and the aging rate is much higher than that of the existing major aging countries. The proportion of the population over 65 rose from 7% to 14%, 130 years for France, 85 years for Sweden, 79 years for the United States and Australia, and 27 years for China. By the end of 2014, China's elderly population over 60 years old had reached 212 million, accounting for 15.5% of the total population. For a long time to come, China's aging problem will become more and more serious: the elderly and disabled elderly will increase rapidly, and the social burden will continue to increase; The problem of rural aging is more prominent; Empty nesting and solitary living in elderly families; The contradiction of getting old before getting rich is prominent; Wait a minute. Compared with other aging countries, China's social security fund, public pension, private pension and life insurance asset accumulation are significantly lagging behind. Data from the "China Pension Development Report 2013" shows that in 2012, the empty personal accounts of China's urban workers' basic endowment insurance reached 2.6 trillion yuan. In addition, due to the serious imbalance in regional development, many young and middle-aged people need to work far from home, and coupled with the one-child policy, many elderly people become empty nesters. Since 2010, there have been at least 62 million empty nesters in the country, accounting for 1/3 of the total elderly population. The burden of old-age care has seriously dragged down economic development, and overwhelmed many one-child couples who have to support their children as well as their parents and parents-in-law. As a country of etiquette, how can China allow countless elderly people to face the sad evening scene of old age and helplessness? "Honoring the elderly" is not only a moral issue, but also a legal issue. Studying and discussing the rule of law of "filial piety for the elderly" is of great significance for alleviating the pressure of aging, lifting the shackles of aging in economic development, adhering to the fine traditions of the Chinese nation, and building a harmonious society that respects the elderly and loves the young. Keywords: aging, honoring the elderly, social security, rule of law countermeasures Abstract: Since 1950 to 2010, the global fertility rate (excluding China) fell by about 50%. But China has fallen even more sharply,more than 70%. According to official statistics,probably 250 million newborns were decreased caused by “birth control” policy in year 1979-2000. At present,the phenomenon of an aging population in China is very serious,and Chinese aging rate is much higher than the existing major aging country. The proportion of people over 65 years old rose from 7% to 14%,and France spent 130 years,Sweden took 85 years,United States and Australia for 79 years,China only 27.By the end of 2014,people over the age of 60 in China had reached 212 million,accounting for 15.5% of the total population. For a considerable long time in the future,Chinese aging issue will be more serious:advanced age,disabled elderly people increased rapidly,growing social burden,more prominent aging issues in rural regions,empty nests families who live alone; old but poor situations of elder people. Compared to other aging countries,China has lagged behind in social security funds,public pensions,private pensions and accumulation of age insurance assets. “The report of Chinese pension development 2013” shows that empty account of individual accounts in the basic old-age insurance for urban workers in China reached 2.6 trillion in 2012. In addition,serious imbalance in regional development led many young people leave their hometown for employment. Besides the reason of one-child policy,great amounts of the aged become empty nesters. Since 2010 the number of empty nesters has reached 62 million,accounting for 1/3 of the total elder population. Economic development has been seriously affected by the burden of pension. Much more “only children” need not only to bring up their children but also to raise the parents and parent-in-law. China is a nation of etiquette. How can we make countless elderly people face the miserable helpless reality like this? “Filial piety” is not only a moral issue,but also a legal issue. Research and discussion on legalization of “filial piety” is of great significance to alleviate the pressures of ageing,unchain the economic development,adhere to the fine tradition of the Chinese nation,and build a harmonious society of respecting the elder and caring for the young. Key Words:Aging,Population Social Security,Filial Piety,Rule of Law(AI翻译)

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