Study On The Legal Institution Of The Assistance To Families Lost Of Their Only Child

In 2015,the Fifth Session of the 18 th CPC Central Committee put forward the universal two-child policy which has made the only child gradually quit the historical stage under the guidance of family planning and has become a special product in the specific historical times.Since 1980 s,family planning policy has been started to implement all over the country,which has played an important role in controlling population increase,economic growth as well as social progress.But we could not ignore its social evils just because the one-child policy has brought in enormous benefits.At present,it has given great risks to over 200 million single-child families.So families bereft of their only children which have experienced doom should gain more concern as well as assistance in China.This article is mainly divided into four parts.The first part is the definition of the concept of“the family lost their only child”,and the generalization of China's current legal system for the salvation of the family losing their only child.In the second part,the writer firstly analyzes the needs of the family losing their only child mainly reflected in the economy,spirit,and their special need of pension and medical care.Then the writer mentions the deficiencies of the relevant legislation existed in our country.For instance,the principle of legislation is too rigid,while the intensity of salvation is too weak,and the content of the salvation is imbalanced.The third part expounds some adoptable references of the relevant policies of childless families abroad,mainly about the system of not full adoption and endowment insurance in German,the three party joint pension system in the United States,and the adult guardianship system and long-term care system in Japan.In the fourth part,on the basis of the analysis of the special needs required by the lost only family and our current condition of lacking relevant legislation,and with the relevant experience of foreign policy,the writer puts forward some suggestions for improving and perfecting the legal system of the salvation for the family losing their only child.