On Administrative Recuperation For Families Who Lost Only One Child

With the "Selective Two-child" Policy being a hot topic and implemented, the issue of families who have lost their only one child has become a focus of public attention. Some parents who lost their only one child raised their claims against the government for administrative recuperation, but were refused and did not receive a satisfactory explanation from competent officials. This sparks off my research into the issue of administrative recuperation for the families who lost their only one child.In modern societies, the conflict between public and individual interests can not be avoidable. For public interests, the administration power may be used to properly limit individual rights and interests. In a society with rule of law, such limitation must be lawful at first and for particular damage, recuperation must be provided:only in this way, can the society take on a harmonious look. Such system of administrative recuperation will play a role as a "balancer" for public interests. It will be not only the common aspiration of the people but also the national responsibility to balance the interests of the state and those families and eliminate social conflicts with administrative recuperation.This paper contains four parts.The first part raises the issue:in China, the family planning policy has been enforced with strong administration force for more than three decades, and the obvious effects were achieved, but the accumulated problems are kept increasing. The issue of families who lost their only one child is also becoming more and more salient. This part expounds the factual difficulties confronting those families having lost their only one child, and then points out that it is urgent to solve such difficulties.The second part expounds and proves the necessity of administrative recuperation for these families in four respects:firstly, in terms of tenet and obligations of democratic countries, this part discusses that the state should protect the procreation right, which is a basic human right; secondly, from the point of view of human rights protecting function of constitutions, the part argues that when the procreation right is restricted, the remedy should be provided in form of administrative compensation; thirdly, from the point of governmental responsibility, this part demonstrates that it is the important responsibility of governments to give administrative compensation to families having lost their only one child; fourthly, from the point of view of basic theory of administrative law, the author demonstrates that the administrative recuperation for these families is in compliance with the basic principles of administrative laws.The second part is the core of this paper.The third part analyzes the current feasibility of providing administrative compensation to such families in China.The fourth part is about establishment of the administrative recuperation system for families who have lost their only one child, in respects of principle, subject, standard, and method of compensation. The issue of families having lost their only one child, as a social focus issue, must be solved in form of system, namely, the "rule of law".