Study On The Supply System Of Protecting Chinese Only-child-lost People's Rights And Interests

The death of the only child is an irreparable disaster for any family.In order to build a well-off society with happy families,it's of great practical significance to legally grant full protection of the rights and interests of only-child-lost people.Because only-child-lost people are not only ordinary citizens but also special subjects of rights and interests,this paper adopts the research mode of “interest appeal – rights protection – supply system”,uses methods of theoretical analysis and empirical research,and emphasizes that it is not to make a special law to protect only-child-people's rights,but to provide relevant supply systems aiming at their demands of civil and social rights and interests.This paper consists of eight chapters.The first chapter is the introduction,Chapter 2-7 the main body,and Chapter 8 the conclusion.The main body of the paper is divided into two parts: the first part is from Chapter 2 to Chapter 4,discussing the general principle of supply system of protecting only-child-lost people's rights and interests;the latter part from Chapter 5 to Chapter 7,analyzing and designing specific systems.Chapter 1 is an introduction,focusing on the research background and significance of this paper,research status at home and abroad and research contents,and then puts forward research methods and feasibility analysis as well.Chapter 2 analyzes only-child-lost people and their current situation.First defining only-child-lost people,then explaining the broad sense and narrow sense of this definition,and through the empirical analysis,this chapter reveals the continuity and aging tendency of this huge group,shows their economic,aging and spiritual plight,and sums up their appeals for rights and interests from the angle of demands.Their legitimate appeals for interests determine the protection scope of their rights and interests.All the only-child-lost strongly want the state to establish and improve the legal system of their rights and interests protection.Chapter 3 analyzes the realistic and legal basis of the protection of these people's rights and interests.First defining the term of rights and interests,the paper reveals that only-child-lost people's rights and interests needing state and social protection can be divided into civil rights and interests and social rights and interests.On this basis,this chapter argues that it is legitimate for these people asking the state and community to assume the responsibility of protecting their rights and interests.On the one hand,it shows the indirect cause of this dilemma they are confronting------the long-term implementation of the one-child policy is the factual basis.On the other hand,it links the human rights theory with the concept of protecting the disadvantaged groups,and the principle of consistency of citizens' rights and obligations with the principle of consistency of the state's power and obligations in order to explore the legal basis of the legal system protecting their rights and interests.Chapter 4 discusses the principle and idea of the supply system of protecting only-child-lost people's rights and interests.Firstly,this chapter elaborates the principle of the supply system,and points out that the supply system corresponds to the demand system,and the supply system includes the innovation system and the perfection system.Then it puts forward that we should provide relevant legal supply systems aiming at only-child-lost people's appeals of civil rights and interests and social rights and interests,with the help of publicizing the civil law in the civil supply system,and providing them social compensation in the social law system.The social compensation to these people is not the administrative compensation,but the necessary compensation to victims due to state and social policy risks and other causes in order to realize social equity.Social compensation is mainly by the means of administrative departments providing them material benefits or protecting their social rights and interests related with their material interests.Finally,on the basis of summarizing the system lack of safeguarding only-child-lost people's rights and interests,the paper sets forth the idea of providing the supply system for the guidance and innovation of the specific legal system discussed in the following chapters.On the one hand,it is necessary to clarify the guiding ideology and the principle of protecting only-child-lost people's rights and interests,and put forward the strategy of perfecting the normative system.On the other hand,it is necessary to establish a professional unit providing protection for only-child-lost people,strengthen the protection of funds and set up relevant information database,in order for the system to operate effectively.Chapter 5 and 6 revolve around the concrete research on the supply system of protecting only-child-lost people's civil rights and interests from the angle of civil and commercial law.Because the regulation of surrogacy is an institutional innovation,and it is in the scope of their re-fertility rights,Chapter 5 focuses on the construction of surrogate system.Chapter 6 explores providing relevant supply systems aiming at only-child-lost people's appeals of other civil rights and interests in the process of improving the existing civil system.Chapter 5 discusses that human-assisted reproductive technologies should be provided to the young only-child-lost having the fertility ability.At the same time,the law should also break the pilot area.First,those who have germ cells but their wives cannot naturally bear another baby should be permitted to get their children through the surrogate way.Defining the concept and nature of surrogacy and surrogate contract,and then discussing the necessity of allowing one-only-child-lost people to have another baby by means of gratuitous surrogacy,this chapter sets forth that only-child-lost people should have the right to give a free birth to another baby in the way of surrogacy,and elaborates the constitution of only-child-lost people surrogacy system,including the substantive rights and obligations of parties of surrogate contracts,the liability for breach of contracts,guardianship of surrogate children,the conclusion form,registration and effectiveness of surrogate contracts in procedure,and supervision of surrogacy,in order for most social benefit achieved through strict regulations of surrogacy.Chapter 6 is devoted to the system improvement of protecting only-child-lost people's civil rights and interests.It discusses the protection of their civil rights and interests related to pensions,aiming to broaden their personal pension resources,that is,to increase their guardianship support,maintenance supply,and sustained material and spiritual supply.This chapter demonstrates several institutional supplies of their civil rights and interests by examining the current situation of the domestic system and studying the experience of foreign legislation.First,the system of adult guardianship should be improved,special protection of their care in the old age needed.The paper analyzes the concept and nature of only-child-lost people guardianship,then clarifies the rights and obligations of guardian parties,strengthens the duties of guardians,and establishes guardianship supervisors to improve the guardian supervision mechanism to provide an effective guardian supply system.Secondly,the legal inheritance system should be improved,by adding the third order heir,so as to confirm their grandchildren's prior right of inheritance on condition that they fulfill the duty of main support or maintenance for the only-child-lost,in order for increasing their provision;a system of succession contracts should be perfected,including agreements on inheritance and bequest,and maintenance agreements by will,so that the only-child-lost could freely appoint with people within or beyond the scope of legal heirs that they could get inheritance after fulfilling the duty of main support or maintenance under the supervision of the Ministry of Health and Social Security.In this way,the only-child-lost could get provisions including life care,economic support,spiritual consolation,and posthumous funeral etc.Thirdly,the adoption system should be reformed.The way of incomplete adoption needs to be increased,allowing that adults could be adopted.Under the same conditions,priority should be given to only-child-lost people to adopt children,and meanwhile material assistance and services need to be provided to them.Fourthly,the reverse housing mortgage pension system could be standardized and perfected.Because property is an important material resource for only-child-lost people's provision,it is necessary to set strict operational procedures and government regulatory mechanisms,special fiscal funds set to provide risk guarantees for the only-child-lost and their lenders to ensure that the aim of provision with houses could be achieved.Last,the right to visit grandchildren should be given to them,which should be regulated so that they can gain spiritual comfort in the process of communications with their grandchildren,and it is helpful for the healthy growth of minors.Chapter 7 discusses the supply system of only-child-lost people's social rights and interests from the perspective of social security law(in the classification of law subjects,civil and commercial law includes social security law),that is,the state and society should provide social compensation to the only-child-lost,including providing material benefits and treatment and services related to material interests connected with their survival and development.First of all,this chapter puts forward economic compensation and assistance provided by the state.Under the new birth policy of "comprehensive two-children",we need to adjust the compensation system for the only-child-lost and give them special care in urban and rural endowment insurance.Secondly,the paper explains that the state should give them special treatments in basic medical insurance,medical aid,medical service and commercial medical insurance etc.in the field of medical security.Thirdly,the government and the community should lay emphasis on their spiritual consolation,giving them spiritual love,especially psychologists and ideological workers providing them professional psychological counseling and treatment.At the same time,they also need help themselves to get rid of pain and pursue happiness in order to achieve self-development.Combining the above-mentioned safeguard measures,this chapter also focuses on their old-age care.Learning from endowment experiences of the developed countries and regions,we should design an endowment model according to our country's conditions and their special needs,in order to provide appropriate pension services to meet their different needs and claims.Chapter 8 is the conclusion and expectation of this research.Under the new birth policy of "comprehensive two-children",the problem of the only-child-lost will still continue to exist for a long period of time,which is an urgent important social problem needed to be solved.Through the demonstration and analysis of the main part of the paper,the conclusion could be drawn that the state and society should bear more responsibility in satisfying the appeals of only-child-lost people's rights and interests and burning up the risk of the lack of accompaniment in single-child families.An effective supply system of protecting their rights and interests should be provided through the establishment and improvement of relevant civil legal system and social security system.In all,this paper has many deficiencies due to the sensitivity of this problem,the lack of related research materials,the limitation of research time and paper length,and personal learning.It requires further practical verification whether legal measures of protecting only-child-lost people's rights and interest can be effective.More extensive and deeper related protection system research is still needed.