摘要：自1950年到2010年，全球生育率（不包括中国）下降了50%左右，但中国下降得更加厉害，超过70%。据官方数据，1979—2000年大概减少了2.5亿新生儿。当前，中国人口老龄化现象非常严重，老龄化速度远远高于现有的主要老龄化大国。65岁以上老年人口占总人口的比重从7%上升到14%，法国用了130年，瑞典用了85年，美国和澳大利亚用了79年，中国只用了27年。

到2014年年底，中国60岁以上老年人口已高达2.12亿，占总人口的15.5%。今后相当长一个时期内，中国的老龄化问题将愈发严重：高龄、失能老人快速增加，社会负担不断加重；农村老龄化问题更加突出；老年人家庭空巢化、独居化；未富先老矛盾凸显；等等。

相较于其他老龄化国家，我国社保基金、公共退休金、私人退休金以及寿险资产的积累，都显著滞后。《中国养老金发展报告2013》中的数据显示，2012年中国城镇职工基本养老保险的个人账户空账达到2.6万亿。此外，由于地区发展严重不平衡，许多青壮年人口需要远离家乡就业，再加上独生子女政策，令许多老人成为空巢老人。2010年以来，全国空巢老人的数量至少有6200万，占老年人口总数的1/3。养老负担已经严重拖累经济发展，更令许多既要抚养儿女，又要赡养父母、岳父母的独生子女夫妇不堪重负。作为礼仪之邦的中国，怎堪听任无数老人面对老无所依的悲凉晚景？

“孝敬老人”不仅是道德问题，更是法律问题。研究和探讨“孝敬老人”的法治化问题，对于缓解老龄化压力，解除经济发展的老龄化枷锁，坚守中华民族的优良传统，建设敬老爱幼的和谐社会，有着重大的意义。

关键词：老龄化 孝敬老人 社会保障 法治对策

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

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）