Research On Legal Issues Of Family Pension

Pension China tradition has been dominated by the family pension, on the one hand because of the aging population degree and accelerate economic development, reform and opening up rapidly, the traditional family endowment is facing the hitherto unknown challenge, on the other hand, Chinese pension system is still not perfect, the social security system can not solve the pension problem China, so in the under the current circumstances, it is necessary to exert the advantages of family pension, safeguard the legitimate rights and interests of the elderly, smoothly through the population aging period.Our country《Marriage law》,《The law on the protection of the rights and interests of the elderly》 provisions of family pension. According to the law, the subject of China’s family pension, including dependents of spouses、 children、brothers and sisters, her daughter in law, son in law of law will be excluded insupport of scope, daughter in law, son in law provisions assist the spouse dependent elderly of dependency between brothers and sisters set tough conditions, younger brother and sister if prescribed by his brother and sisters who grew up, brother, sister and lack of ability to work with or without economic sources, has the ability to bear the younger brother and sister need to assume the obligation to support. Our family pension includes two aspects of material and spirit, in material terms, is the main residence, medical and living expenses; in spirit, is the famous often go home to have a look; in legal liability, support the legitimate rights and interests of the elderly people insult, slander, abuse the infringement behavior of the elderly, the law fromde pendent work units on the criticism and education, if the act violated the public security management, must carry on the administrative punishment, if the act constitutes a crime, shall be investigated for criminal liability is. Discrepancy between legislation and reality, and the lack of interoperability, in the rapid economic development, population aging problem is increasingly serious today, the law of family pension has been unable to meet the needs of our old man, also cannot the legitimate rights and interests of the elderly are effective protection, perfect the provisions of family pension be imperative. First of all, from the main aspects of daughter in law, son in law, suggestions will be incorporated into the statutory support person scope, exist under the obligation of supporting each other between brothers and sisters; secondly, from the contents of the provisions, support the spirit of the lowest performing specific content standards and the spiritual support and the performance way; finally in the legal responsibility, formulatethe corresponding civil liability, criminal liability properly aggravate.