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Analysis Of Pension Rights Of The Elderly Of Rural "Empty Nest"

Posted on:2014-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:X L XuFull Text:PDF
GTID:2296330425979165Subject:Constitutional law and administrative law
Abstract/Summary:PDF Full Text Request
The old-age right is generally enjoyed by the citizens when they are in the old age.However, with the aging population, elderly people living alone and empty nestfamilies increased, the elderly of rural "empty nest" is in a weak position whetherfrom the aspect of the level of social security or in income, life care, comfort,compared with other old people, and the old-age right laid upon them by acts is failedto be effectively safeguarded.In this paper, literature review and comparative study of law were used in-depthstudy. Taking the research findings done by other scholars as my starting points, thispaper researches basic theories of the old-age right by means of browsing a great dealof monographs and theses. In addition, we can explore relevant countermeasures toimprove our country’s legal and normative the policies of Pension Model.The thesis is divided into four parts:Part I,the basic theories about the right of the elderly of rural "empty nest" areanalyzed. Firstly, this paper elaborates the connotations and types of the elderly of"empty nest". Secondly, this paper defines the connotations of the old-age right inaccordance with domestic and international legal documents, including the subjects ofboth rights and duties, the conception and the content of the old-age right.PartⅡ,this part points out the reality dilemmas faced by the elderly of rural"empty nest". And this part elaborates the dilemmas mainly from the followingaspects, such as, the problems of economic support, the lack of life care, theinsufficiencies of spiritual comfort, and the lack of social participation, the inadequateof social security.PartⅢ, the reasons for guaranteeing the old-age right of the elderly of rural“empty nest” difficultly is analyzed from the three aspects, such as the legaldeficiency, the absence of government responsibility and the sense of legality. Tobegin with, this part pays attention to explain the defects of law, and which is also thefundamental reason of the lack of the responsibility of the government, and theobstacles of safeguarding the rights of the aged. The defect is mainly reflected in thedisunity of legislative thinking. And Law of the People’s Republic of China onProtection of the Rights and Interests of the Elderly is not provided in details and lack of maneuverability. Our present family pension model is deviated from social reality.Then, the absence of government responsibility is mainly embodied in the followingaspects: the lack of government’s financial support, the weak consciousness of takingpart in social security due to the inadequate of the propaganda of government policies,the lack of governmental supervisory and management responsibility leading to keepand increase the value of social security funds with difficulty. Furthermore, for theold-age right of the elderly of rural "empty nest", the reasons of their own areanalyzed in this part, namely, the weak sense of legality, which is mainly manifestedas follows, such as the weak awareness of right protection, the improper of rightprotection, the trend of valuing material and belittling mentality.PartⅣ, to guarantee the right of the elderly of rural "empty nest" in china,weshould start with the following: perfecting the legislation, forming pension model,strengthening the responsibility of the state, improving the awareness of rightprotection and the effects of right protection. Perfecting the legislation and formingpension mode are the focal points and bright spots in the paper. To perfect thelegislation, some countermeasures are proposed: drawing lessons from foreignexperience, establishing the security legal system of the right of the elderly of rural"empty nest”. Meanwhile, we should improve present laws and regulations. Thespecific measures should be taken in the following respects: clearing the standards ofeconomic support, making the rules of rewards and punishments with regard to lifecare and spiritual comfort, and confirming the administrative organizations of rightrelief. In terms of regulating pension mode, the suggestion of implementing thepension mode of “home-based, relying on community, supported by organizations” isproposed to solve the realistic dilemmas of Chinese rural old-age pension by drawingfrom the experiences of America, France, South Korea, and Singapore. The specificrules for the implementation of pension mode are proposed respectively with regard tohome-based care, community support and relying on institutions.
Keywords/Search Tags:the elderly of rural "empty nest", the old-age right, familysupport for aged, community endowment, pension institutions, governmentalresponsibility
PDF Full Text Request
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