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Is It Necessary to Legally Ban Living Off One's Parents?
 NO. 51 DECEMBER 17, 2015

(LI SHIGONG)

A provincial law protecting senior citizens' rights and interests has spurred much controversy. The law, recently passed by the legislature of northeast China's Jilin Province, will take effect on May 1 next year. It prescribes that senior citizens have the right to refuse financial support to their adult children that have the ability to live independently. In addition, adult children are prohibited from infringing upon their parents' rights to properties through coercion, stealing or cheating.

Some commentators say the law would help protect senior citizens' rights by preventing young people from feeding off their parents. Meanwhile, some criticize the law for meddling too much in one's domestic affairs, while others question whether the law can be substantially implemented.

An effective warning 

Shu Rui (Legal Daily ): Some adults, especially those who are their family's only child, regard their parents' properties as their own and use them without feeling guilty. If their parents refuse to give them money, they might complain and even seek revenge. Worse yet, the number of children who need financial support from their parents has been on the rise in China in recent years.

Although there are no clear stipulations in existing laws that prohibit grown-up children from leeching off their parents, it's a basic principle that parents don't have the responsibility to provide for adult children capable of making a living on their own. As adults and their parents are independent legal subjects, the act of utilizing parents' properties without the latter's consent is illegal and therefore should be punished.

In the national law regarding the protection of senior citizens' rights and interests, more emphasis has been placed on guaranteeing the wellbeing of the elderly, such as the right to receive care and help. However, regulations on punishing the infringement of senior citizens' properties are inadequate. There is only one clause that states homes owned or rented by the elderly should not be occupied by their children or other relatives. Jilin Province's new law has complemented the national law on senior citizen protection and should therefore be applauded.

It should be noted that the law is aimed at protecting senior citizens' rights to their properties and respecting their free will in dealing with their own assets. However, the local law has not banned seniors from voluntarily giving children financial help out of their own volition. Reiterating these rights should serve to remind children to be grateful for the help they receive from their parents.

Adults living off their parents should come to the realization that their lifestyle is unsustainable and that they can only be happy and achieve self-realization by making their share of contributions toward society.

Zhang Yusheng (Sanxia Evening News ): Although many are wondering about the practicalities of enforcing the law, it is unquestionable that it would discourage many young people from depending on their parents financially.

It should be clarified that the law doesn't prohibit the act of living off parents but rather endows senior citizens with the right to say no to their offspring's requests for financial support. As a matter of fact, relevant laws and regulations in China have already stipulated the right to own, use, profit from and dispense with one's properties as a legal right.

Jilin's new law only serves to highlight and clarify that right. It serves as a warning to those who are seeking or intending to seek financial support from their parents. Young people who are lazy, selfish and ungrateful should draw a lesson from the law and learn to shoulder their own responsibilities.

More efforts needed 

Huang Lei (Procuratorial Daily ): Whether the new law can be well implemented is questionable. Senior citizens usually have a relatively weak sense of the law and therefore lack the ability to protect themselves when their rights are violated. Also, as they regard it to be shameful to expose their family to scandal, it is unlikely they will take their children to court.

Furthermore, the underdeveloped elderly care system in China prompts many senior citizens to pin their hopes on their children to provide for them in their twilight years. Under such circumstances, many seniors would choose to keep silent when being forced to offer financial support to their children rather than resort to using the law.

To solve the problem, more community-level organizations should be established to help senior citizens deal with their rights being infringed upon. More importantly, senior citizens should support each other when such dilemmas occur.

Adults should fulfill their responsibility of providing for their parents. Those who refuse to take care of their elders and even humiliate and desert them should be punished in accordance with the law.

Wu Wei (Procuratorial Daily ): Filial piety is a basic moral responsibility. Those who fail to fulfill their duties of providing for their parents and even live off of them undoubtedly violate this moral code. Therefore, Jilin's legislation is necessary. However, what local governments need to reflect upon is how and why this has become a problem in the first place.

In reality, many young people seek financial help from their parents when making some large purchases, such as getting together a down payment for an apartment. Therefore, living off one's parents is not always equivalent to laziness or incompetence. In many circumstances, young people don't have better options. Local governments should realize that the problem of living off the old reflects unlikely sources for people's livelihoods.

Therefore, legislation alone is an inadequate solution to the problem. The key is in improving young people's livelihoods through the joint efforts of the government, schools and families. To be more specific, the quality and quantity of vocational education should be improved in order to improve their employment prospects. More jobs should be created by stepping up the process of urbanization. In addition, the social security system, including health insurance, pensions and unemployment benefits, should be improved to reduce the pressure of daily life.

Life is always far more sophisticated than law. The problem of living off parents will never be gone just through the adoption of a single law. More profound reforms directed at reducing living costs and improving social welfare are needed to root out the problem.

Zhu Changjun (Western China Metropolis Daily ): Prior to Jilin's legislation, there were multiple provinces in China that had adopted similar laws. The moves can be seen as a positive trend toward the protection of senior citizens' rights in an increasingly aging society. However, the problem is how many parents are unwilling or unable to provide for their grown-up children. Is the number big enough for the establishment of a law?

Lawmaking departments should be prudent in applying laws to citizens' domestic and moral affairs. The problem of leeching off one's parents is complicated and cannot be solved simply through laws. Governance relying too much on legislation will only mask the real problem.

Copyedited by Bryan Michael Galvan

Comments to yanwei@bjreview.com

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