Research On The Legal Aid Of The One-child Died Families

As a basic national policy, the family planning policy has been implemented 30 years since 80’s of the last century, under the influence of the policy, the one-child family has become a mainstream mode of family structure in our country. Only one-child, high-risk characteristics, making part of the one-child families who lost their only child become the one-child died families. At present, the one-child died families are generally facing the economic, spiritual, medical, pension and other practical difficulties.However, the jurisprudence on this issue obviously pays a little attention. Due to the lack of reasonable and effective legal assistance, the legitimate interests of the one-child died families in a large part have not been effectively guaranteed.There are three chapters in this article.The first chapter, the status quo and rights protection of the one-child died families. Firstly, this chapter analyzes the concept of the one-child died families, then summarizes the one-child died families’ category. Secondly, putting the number of China’s one-child families as the logical starting point to discuss the family-scale of the one-child died families, then simple introducing the one-child died families’ multiple living predicament. Families who lose their one-child phenomenon is one of obvious social unjust existences in our society, reproductive rights of citizens is greatly restricted because of the family planning system. The family planning policy excessive emphasizes on civic duty and leads to the asymmetry of the rights and obligations, therefore,it is very necessary to provide legal aid for the one-child died families.The second chapter, the legislative status quo and problems of the one-child died families.The content includes: the existing legal provisions on the principle of the one-child died families and provisions of the specific of the one-child died families,the defects of the current relevant legislation,such as issues of some legal principled strong and operability weak; not making clear the legal status of the old people of the one-child died families; supporting system object setting unreasonable and the lack of supporting security system. Social Security is relatively weak, such as the one-child died families are not only related into the social security system, Social pension insurance for families of different economic basis of the one-child died families’ lack hierarchical considerations; inadequate social welfare system for the one-child died families’ low coverage and other issues.The third chapter, a number of recommendations of the one-child died families’ legal aid. Firstly, improving the relevant legislation, notably the following: 1. to make legal interpretation of the "necessary assistance" in "Population and Family Planning Law"; Secondly, improving the "elderly Protection Law" on the one-child died families’ legal status;Thirdly,drawing lessons from abroad to set up incomplete system of adoption. Fourthly, improving the relevant provision of the one-child died families.To strengthen the social security system in order to ensure the ability of the one-child died families.Concrete saying: the establishment of the one-child died families’ pension fund, as the social compensation fee for the sources of funds; Expanding the multiple pattern of old-age security for the one-child died families, the pension model innovation,such as public pension mode,mutual pension mode, nursing home “to the housing endowment” mode;Improving the system of social endowment insurance;Strengthening the social welfare system for the guarantee of the one-child died families.