代际妥协视角下“常回家看看”法律失效的原因及对策研究

A Study on the Causes and Countermeasures of the Failure of the “Go Home Frequently” Law from the Perspective of Intergenerational Compromise

摘要: “常回家看看”被写入法律过去已将近10年，法律制度的出台并未产生实际的效果。为探究这一现象背后的原因并寻求对策，本文基于代际妥协视角，采用半结构式访谈法，对山西省D村9户14位空巢老人进行了深度访谈调研。结果发现，“常回家看看”法律宣传普及并不理想，空巢老人所获得的陪伴和情感交流仍然较为匮乏。其背后的原因则是家庭代际互动过程遵循着利他主义的家庭效用最大化原则，是两代人在现实两难中基于整体利益考量做出的代际妥协。为促进“常回家看看”制度的实施和空巢老人养老问题的改善，需要进一步改变宣传方式，拓宽精神赡养形式，通过乡村振兴吸引外出子女回流为回家看看创造条件，并不断完善带薪休假、探亲制度以及住房、教育等相关政策，让背井离乡的子女敢回家，能回家。尤其是在三孩政策全面放开的背景下，提升育龄人群再生育意愿，老人在照料孙辈的同时也能享受天伦之乐，获得来自子女的经济支持和情感慰藉，让精神赡养没有时间和距离上的限制。

Abstract: It has been nearly 10 years since the law was written into the law, but the introduction of the legal system has not had any practical effect. In order to investigate the reasons behind this phenomenon and seek countermeasures, this paper conducted indepth interviews with 14 empty nesters from 9 households in Village D, Shanxi Province, using a semi-structured interview method based on an intergenerational compromise perspective. The results show that the legal awareness of “visiting home often” is not satisfactory, and that the empty nesters are still lacking in companionship and emotional communication. The reason behind this is that the intergenerational interaction between families follows the altruistic principle of maximising family utility, and is an intergenerational compromise between two generations based on the overall interests of both. In order to promote the implementation of the “Come Home and See Us” system and to improve the old age of the empty nesters, it is necessary to further change the publicity methods, broaden the forms of spiritual support, create conditions for children to return home for a visit through the revitalisation of the countryside, and continuously improve the system of paid leave, family visits and policies related to housing and education, so that children who have left their hometowns in the background can dare to come home and can do so. This will enable children who have left their hometowns to return home. In particular, with the full liberalisation of the three-child policy, the willingness of people of childbearing age to have more children is being raised, and the elderly can enjoy the joy of family life while caring for their grandchildren, receiving financial support and emotional comfort from their children, so that spiritual support is not limited in time and distance.