The Research On Protecting The Rights And Interests Of Persons Who Lose Only One-child

In the early 1980 s, in order to control the excessive growth of the population, the Chinese government began to implement the family planning policy, and demanded one family having only one child. However, singleness leaded to vulnerability. Under the influence of all kinds of accidents, many only children had die early, making their parents be into a heavy sorrow. These parents who lose only child are faced with many difficulties in mental, economic life and identity recognition. We call them "the persons who lose only one-child". As our social disadvantaged group, how to protect these parents’ legal rights and interests, had become a increasingly prominent and important legal and social problem.Based on this, this article, from the perspective of sociology of law, is on how to further protect the lawful rights and interests of the “the persons who lose one child”. Specifically this paper is divided into five parts except the conclusion:The first part is introduction. Mainly including the research background of this thesis, the research origin, the research on literature review, research methods and the concept of “the persons who lose one child”, etc.The second part is the research about the existence predicament of "the persons who lose only one-child" and their rights and interests demands. Through interviews with ten representative cases, I know the existence predicament of "the persons who lose only one-child", including mental, economic life and identity recognition, and listen attentively to their rights and interests’ appeal.The third part is to comb the laws and regulations about the rights and interests protection rules and characteristics of "the persons who lose only one-child". Current laws, regulations and related policies, on the one hand, provide some legal basis for protecting the rights and interests of "the persons who lose only one-child", on the other hand, they also have many deficiencies. Such as legislation treats "the person who lose only one-child" as equal policy like other disadvantaged groups; The state don’t provide enough support to protect the rights and interests of "the persons who lose only one-child"; The law about mental care of "the persons who lose only one-child" is also lack.The fourth part is mainly in theory to clarify why the state needs to protect the rights and interests of "the persons who lose only one-child". The author thinks that "the persons who lose only one-child" make special sacrifice to the public interests, so according to the basic theory of national compensation, the state has responsibility for "the persons who lose only one-child" providing corresponding compensation. Alone at the same time, based on respecting and protecting the mental rights and interests of "the person who lose only one-child", the law should also entitle "the persons who lose only one-child" "one-child policy impaired" specific identity.The fifth part is some suggestions about how to establish and perfect the protecting system. Mainly including: perfecting the relevant content of the "population and family planning law"; Intensifying national responsibility undertake; Building comprehensive mental care system for "the persons who lose only one-child".