A Study On Legislation Of Family Support System

Since the reform and opening-up, China has made great achievements in respect of economics, science and sanitation. People's living and health standard have been improved a lot. However, it comes together with the problem of population aging. This means proportion decrease of support obligor and proportion increase of support oblige, which will no doubt affect support to old people. Judging from report and cruising data of news media, there exist various problems in old people support, and living status of many old people are worrying. Social society of our country is still incomplete, especially weak in rural areas. It is not realistic to send the old people support responsibility to the society. The traditional family support is still the main and irreplaceable mode. However, binding force of morality on support behavior is becoming weaker and weaker. Old people support must be solved with help of institution. Due to late beginning, poor foundation and short development, support legislation is not complete in China, which leads to four problems of support cases separately in proceeding, testification, adjudication and execution. With increase of support problems, it is becoming extremely urgent to improve relevant legislation.This paper includes four chapters.Chapter one: Overview on support system. This chapter is to explore the concept of support, characteristics of support legislation relation and realistic significance of support system.Chapter two: Comparison with foreign legislation on support system. This chapter gives introduction, analysis and summarization respectively on support system of European countries and Asian countries, indicating that different cultural background may lead to different support system while legislation purpose and basic framework are generally the same.Chapter three: Analysis on support system legislation of China. This chapter is to analyze current support legislation of China, trying to find the problems in legislation. It includes three aspects: first, decentralized legislation, and inconsistence among all legislations; second, over simpleness, and some regulations are not definite or specific; third, legislation immaturity, which is in lack a some necessary regulations.Chapter four: Improvement of support system legislation of China. Targeting at the current problems in support legislation of China and based on utilization of foreign legislation experience with consideration of practical situation of China, the chapter raises specific measures for improving legislation; including: first, pointing out inconsistence in regulations and giving specific modification suggestion; second, extending range of support obligor; third, specifying importance and content of spiritual support; fourth, supplementing regulations in respect of support sequence, standard and forfeiture of support right.This year will witness the sixth census. The author believes that both absolute quantity and relative quantity of old people will certainly reach a new height. It is the mutual responsibility of the whole society to care and love the seniors.