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China is considering making it a legal duty for Chinese citizens to visit their aged parents as the country struggles with the challenges created by a graying population. Everyone agrees that people should visit their aged parents regularly if they are living separately. But whether this requirement should be written into law is a controversial matter.

Is Filial Piety Legislation Suitable?

It is reported that China is considering making it a legal duty for people to visit their aged parents regularly in order to make the the elderly parents feel warm at heart and promote the traditional Chinese virtue of filial piety. In my opinion, to formulate such a legal rule is neither suitable nor effective.

In the first place, we should know that "filial piety" is a descriptive moral term which can't be enforced by law. Whether the offspring should be filial to the parents or not can only be discussed in the moral dimension, not the legal one. To legislate morality is not a good method to solve the widespread "empty nest elderly" problem in China. We should encourage citizens to visit their ages parents as frequently as possible, not through legal enforcement but through moral outcry. Moral matter should be solved through moral means.

In the second place, we will encounter many difficulties or dilemmas in the process of formulating such a legal rule. It is very hard to define "visit their aged parents regularly." How regular is regular? Once a week, a month, a quarter or a year? And how do we exactly define "aged parents"? How aged is aged? Fourty years old or fifty or sixty or even older? It is obvious that if the law-makers define them too broadly and casually, the law will result in ineffectiveness because the unfilial offspring will probably take advantage of the legal loophole. And when the parents and the offspring really engage in a lawsuit and even finally the parents win the lawsuit, will the parent-offspring love still exist between them? If the offspring are forced to pay a regular visit to their parents, is such a kind of visit still meaningful and useful?

In the third place, the law-makers should know that many adult children have little opportunity to visit their parents due to all-consuming jobs and few days off. To be filial to the parents is the traditional Chinese virtue and this virtue is still advocated and fulfilled by most Chinese people. However, Many people, especially the financially disadvantaged migrant workers from the countryside, are most willing to visit their parents frequently, but they can't afford the time and money.

From the above analysis, we can see clearly that it is not suitable for China to write the "Go Home Often" provision into law. Actually, the ultimate aim of the law-makers is to make the parents' lives better. In order to realize this goal, a sound welfare system for the elderly should be established, not through such a kind of formalist legislation.