The Research On Protecting The Family Losing The Only Child By Legal System

In China, family is still the mainstream support of old people. Most the elderly need to taken care of by their children. The function of the support has been dulled in the family losing the only child, because of the only child’s death. So the parents are worry about their future. Family is the cell of society. Only the harmony of all the family can achieve a harmonious society. The family losing the only child, as a rapidly increasing group of people, should be paid attention by the government. How to recuperate the support’s shortcoming of the family losing the only child is becoming an important issue for government to solve. The family losing the only child has joined the family planning policy. Therefore, it is the responsibility of government to protect the family by the law. The government should try their best to give impetus to the social support in a legal way, so that the parents in the family losing the only child can have a better life.In this paper, there are several research methods, such as theoretical, comparative and so on. We can do a better preparation by reading the material and analyses the legislation in other countries, then use their experience for reference.The article can be divided into four parts. The first part is introduction. It introduces the background, the significance of the research and the present situation of domestic and overseas study. The main point is to expound the necessity of protecting the right of the family losing the only child by law. The second part is mainly about explaining the status and issue of the family losing the only child and analyzing the reason that they aren’t satisfied with the relief The third part is mainly about the overseas legislation of supporting the old people. It introduces the experience of the legislation in adult guardianship, reverse mortgage, care insurance and summarizes the valuable contents for the protection of the family losing the only child. The forth part is mainly about the improvement of legal system. Based on the two parts before, it presents a better proposal It includes perfecting the policies of relieving the family losing the only child, making a sound legal system of support for the family losing the only child and promoting the construction of a legal system of the social care services.