Study On The Legal Aid For The One-child Died Family In China

A basic national policy of family planning policy in China has been implemented more than30years in our country, affected by the policy, the one-child family become the main family structure modes in our country. Nevertheless, because of the one-child family own unique risks, making parts of them became the one-child died family to an unexpected accident. According to statistics, the one-child died family generally faced a series of practical problems,such as providing for the aged, psychological trauma, medical treatment and so on. The jurisprudential circle in China at present, however, such problem to the attention of a degree is not enough, involved our country’s existing laws and regulations for the one-child died family almost blank, although some policy documents have involved in this kind of problems, but not enough system and specification. Due to a lack of effective legal mechanism, the legal rights and interests of the one-child died family to a great extent, it is difficult to get a good maintenance.This article mainly divide into four parts to research the one-child died family faced the problems. The first part of the article points out the cause of the one-child died family, their survival situation and the Chinese current situation of lawmaking for such problems; The second part of the article through the analysis and study of legal theory, points out the basis of legal aid for the one-child died family; The third part of the article, through the method of comparative analysis, analyzes the foreign related legislation and its related significance to our country; The last part of the article combined with the three former parts, on the basis of theoretical research, put forward the specific legislative proposals for the one-child died family.The author believes that a long period of time in the future in our country, the one-child family will still be the main mode of family structure, based on this, it will produce more and more the one-child died family. Through the law, how effective safeguarded the lawful rights and interests of the one-child died family, to the future social development and social stability in China has important practical significance.