Study On The Legel Guarantee Of Elderly Losing Single-Child In China

2016 is a historic moment in the one-child policy in China.The one-child policy of more than 30 years in our country was officially declared to be over and the two-child policy came to an end.But this does not mean that we can ignore the group who making sacrifices under national policy to have only one child.But in his old age he lost his only child to accident or diseases.The one-child policy in 1970 s make most families in our country form a structure with only child as the core.When the only child accidentally dies,their life will face a series of problems.And a comprehensive two-child policy will not solve the problem of the elderly people who have lost the only child.The group is on the rise.The old man who has lost his only child is not only difficult to live,but also have no clear laws and policies to guarantee their life.Many laws in China do not have a clear definition of the concept of the older people who have lost their only child,and the protection policy for these people is rather vague,or the strength of relief is relatively weak.The State must established a series of legal systems to protect the elderly people who have lost the only child from the legislative level.At the same time,there should be established kind of systems to solve the problem.This paper mainly through the distribution of questionnaires,supplemented by literature research,comparative analysis and other methods,combined with the background of family planning in China.This paper discusses the urgency of protecting the rights and interests of the elderly who have lost the only child,studies the difficulties of the old people who have lost the only child,and looks for countermeasures to solve the practical problems of the elderly who have lost their independence.Based on the concept of the lost man,this paper analyzes the background of the old man who has lost the only child and the deficiency of the laws and regulations of our country.And from the practical point of view,this paper investigates and studies the current situation of the elderly who have lost independence in the aspects of life,spirit and so on,so as to understand the deficiency of the old people who have lost independence in the protection of the law and the various systems by combining the relevant laws and regulations.This paper puts forward that we should formulate the detailed rules of implementing relevant laws and establish effective system protection from the aspects of legal regulation,old-age security system,guardianship system,adoption system and spiritual care.With regard to the improvement of the legislation on the elderly who lost the only child.The main purpose is to clarify the special status of the elderly who have lost the only child.A long-term and one-off grant should be provided to the elderly who have lost the only child.With regard to the old-age security system,the state has formulated a basic old-age insurance law,supplemented by a supplementary old-age insurance system and increase the diversity of pension models.In the aspect of guardianship,we can learn from the advanced adult guardianship system of foreign countries and combine it with determined guardianship.In adoption,the rights and interests of the elderly who have lost the only child are protected,and an incomplete adoption system should be established and combined with a trial adoption system.Finally,the mental care system should be constructed to pay attention to the mental health of the elderly.