Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

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Sunday, July 6, 2014

Controversy over elder law in China

Those who are interested in elder law might be interested in a debate now going on in China over some draft legislation proposed in Shandong. According to the legislation, those who have a duty to support the aged (i.e., the children) must maintain their parents' standard of living at a level at least equal to their own, and they are not allowed to seek property from their parents on the grounds of being unemployed, etc. (有独立生活能力的成年子女要求老年人经济资助的,老年人有权拒绝。成年子女或者其他亲属不得以无业或者其他理由索取老年人的财物。) Yes, the last bit is as vague as it sounds. Here's an article in the People's Court News in support of the law; here's Peking University law professor Shen Kui's critique, in which he says that the nanny state (保姆国家) must not go too far.

 

http://lawprofessors.typepad.com/china_law_prof_blog/2014/07/controversy-over-elder-law-in-china.html

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