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本文从人口老龄化、立法的倡导性作用以及法律责任的刚性等方面阐明了“常回家看看”条款的实践品性,指出“常回家看看”条款具有深厚的“以礼入法”的传统色彩,反映了立法对社会现实问题和人伦亲情的深切关照。本文在明确《老年人权益保障法》的社会法属性前提下,将“常回家看看”条款置于亲属法的视角内作出细致分析。从裁判路径上看,精神赡养案件普遍面临着事实认定难、裁判标准难以把握、执行难等难题。在案件裁判时,应当注重通过调解来弥合亲属间的情感裂缝,通过设立家事审判合议庭来契合赡养纠纷复杂性的特点,同时注重发挥人民调解等非诉纠纷解决机制的力量。
This article expounds the practical character of the article “often go home and see” from the aspects of population aging, the advocacy function of legislation and the rigidity of legal responsibility, pointing out that the article “often go home and see” has profound The traditional color of “courtesy of law” reflects the deep concern of the legislature on social reality and human relations. This article makes a detailed analysis from the perspective of kinship law on the premise of clarifying the social law attribute of the Law on the Protection of the Rights and Interests of the Elderly. Judging from the path of the referee, spiritual support cases are generally faced with the difficulty of finding the facts, the difficulty of grasping the referee standards, and the difficulty of implementation. In case adjudication, attention should be paid to bridging the emotional gap between relatives through mediation. The establishment of a family tribunal to meet the complexity of the maintenance of disputes, and at the same time, pay attention to exerting the power of non-litigation dispute resolution mechanisms such as people’s mediation.