On The Construction Of The Legal Guarantee System Of The Families Who Have Lost Their Only Child

From the "open letter" issued by the Party Central Committee to all the Party members and the CYL members in 1980,which was mentioned that "a couple only has one child" until the "completely open two-child" system in 2016,family planning has been carried out in China for 30 years,and produced a total of millions of families who have lost their only child.With the number of families who have lost their only child expanding,the age of the elderly is increasing,the social security of the family is also increasingly serious.Marxist theory of social security requires our government to protect the rights of vulnerable groups,and our country's mainstream pension model is "family pension",so when the only child family lost the only child,the right of subsistence and old-age right weren't protected,Facing many difficulties,such as economic issues,mental depression and pension pressure.At present,there are some problems in our country's legal protection system for the rights of family members,such as the low level of legal legislation,the incomplete system,the single supporting body,the ambiguous object and the blank of spiritual rights protection,so it's the basic way to solve the predicament of family who have lost their only child with constructing the legal safeguard system of families who have lost their only child.According to the statistics of the State Planning Commission,a total of 407,000 elderly people in the country received special allowance in 2015,which indicates that the coverage of the system is low,and in fact the number of people who are guaranteed is less than half of the total number.It is based on the theory of Marxist social security,with the Marxist theory of fairness and justice as the methodology,adhere to the Marxist principle of humanism,and effectively play the role of solving the plight of families who have lost their only child.Aiming at the construction of the legal safeguard system of families who have lost their only child,I put forward the following suggestions:First of all,Perfect the legislation that protects the rights of the families who have lost their only child,including the "Population and Family Planning Law","Law on the Protection of Rights and Interests of the Elderly","Adoption Law",which is to improve the feasibility and practicality of article 27 in "Population and Family Planning Law";establish a special fund to help families with loss,to protect their basic life.In the Law on the Protection of Rights and Interests of the Elderly,the legal status of the families who have lost their only child should be clarified.The point is the spiritual protection of families with loss,establish the psychological assistance system,advocate the volunteers to help the families and set up the psychological counseling centers.Perfect "adoption law",establish the incomplete adoption system,and add a kind of trial adoption system and priority adoption system for elderly people.Second,drawing on the foreign reverse housing mortgage loan system,especially the United States HEMC,to speed up the progress of China's legislation.Due to the existence of families who have lost their only child in cities and towns,speeding up the progress of the legislation of reverse mortgage can solve the phenomenon of "rich real estate and poor cash".