Study On Family Social Security Legal Institutions

As the most basic unit for human beings in social life, family plays an irreplaceable foundational role in birth, socializing, supporting the elder, offering different kinds of material and spiritual security. Influenced by western legality concepts like freedom, equality and rights, natural person became the independent legal entity, the theories and systems of social security in China were also built on basis of single person, lacking of rational location of family. Now China has experienced the transitional period of social development and market economy, the left problem of former social security system reformation, demographic shifts, and shock for traditional family cultural because of foreign culture and market economy, brought tremendous change in modern family forms, resulting in decrease of family stability and weak of family traditional function, triggered a series of social problems, like increase of divorce, extra material love, empty nester and left children. Family could not handle it by itself anymore. It has been a general problem-solver for country to incorporate family as an entirety in social security law when dealing with family problem. Reviewing Chinese social security legal system relating to family problems, it is not very hard to find that the legislation could not satisfied with need of social development to deal with social problems, since lacking of advanced legal concepts, guiding principles and overall planning. So it is necessary to perfect family social security legal system systematically and comprehensively which is adapted to economic and social conditions in China on absorbing the advanced foreign experience.This dissertation was divided into four parts. The first part introduced the definition of family in modern social life, then analyzed the model of family social security, the value and function of family social security legal system and development routes of family social security, explained the theoretical basic of system itself. The second part summarized the features and problems of family social security system in China through analyzed the legislation, combining the social actual challenge the now system faced, in order to provide the focal point for perfect actual system. The third part focused on systematical analyze on French legislation relating to family social security and the fourth part put forward the suggestion to perfect current family legal system, in order to complete its goal in reformation of social security legal system and family policy.