The Systemization of Filial Obligations in Chinese Civil Code from the Perspective of Old-Age Security
China now is progressing from the stage of moderately aging society to severely aging one.Against this background,issues related to elderly care becomes increasingly prominent.Filial obligations is the core system of elderly care.Thus it is necessary to focus on the practical issues of elderly care and to establish a systematic interpretation theory within the Chinese Civil Code.The general provisions of filial obligations have evolved from the function of ensuring survival to a comprehensive connotation through practice,theoretical innovation,and revision of legal texts.Under the codification,the general provisions of filial obligations do not clearly specify the"elements-effectiveness"formula,but those provisions serve to define the nature of the filial obligations and to supervise filial obligations in various sections.The understanding of"filial obligations"as filial obligations in all aspects is the basis for the substantive systematization of the filial obligations in the Chinese Civil Code.When the general provisions of the filial obligations are generally understood as being comprehensive,they form comprehensive rules in judicial practice,while the"elements-effectiveness"formula of the provisions of support in the Marriage and Family Law and the Inheritance Law is defined as substantive by legal texts and judicial interpretations.How to reconcile the conflict between the general provisions of the filial obligations and the specific provisions of the filial obligations in different sections has become an important issue in interpreting the application of the filial obligations.Considering reasonableness and feasibility,a distinction is made between filial obligations prescribed by laws and filial responsibilities regulated by the morality.In this way,the mandatory nature of the obligations to take care of children,grandchildren and great-grandchildren should be limited to financial support.The obligations to take care of grandchildren and great-grandchildren is regarded as a secondary,complementary and less demanding form of material support.Under the distinction between obligations and responsibilities,the comprehensive content should permeate the Chinese Civil Law.Focusing on the concept of dependents,the obligations to take care of grandchildren and great-grandchildren,although secondary and complementary,should not be distinguished from the obligations to take care of children.Although the Marriage and Family Law does not explicitly prescribe the obligations of widowed daughters-in-law or sons-in-law to take care of their parents-in-law,the Inheritance Law stipulates the primary obligation of widowed daughters-in-law or sons-in-law to take care of their parents-in-law as first-line legal heirs.Due to the lack of clarity regarding the concept of"filial obligations"and the standards for"primary filial obligations",it is necessary to further examine whether the nature of filial obligations in the Inheritance Law is the same as that in the Marriage and Family Law.In this context,the provisions on the obligations to take care of widowed daughters-in-law and sons-in-law fall into the category of provisions on the acquisition of rights,which exerts an incentive and advocacy role.Its ethical basis is the family and moral relationship between the heir and the deceased.Therefore,its criteria should not be limited to material support,but they should comprehensively consider elements including material support,financial support,emotional support,care and protection.
NETL
NSTL
万方数据
维普
