Research On The Legalization Of The Support System For The One-child Died Family In China

The one-child died family is a very special group in China.Its emergence has certain inevitability.On the one hand,the one-child policy reduces the pressure on population growth,on the other hand,it also leaves inherent dangers for the one-child family.While the hidden dangers are gradually exposed,the one-child died family support system did not show an ideal effect.This article aims to analyze the present support system for the one-child died family,find out the shortcomings,perfect the system design,put forward the idea of raising it from the policy level to the legal level,explore the way of the legalization of the support system for the one-child died family.This article is divided into three parts:The first part describes the concept and the necessity of the legalization of the support system.This article first expounds the concept of the one-child died family and the legal aid support system for the one-child died family.Then elaborates the development of the one-child policy,analyses difficulties faced by the one-child died family,emphasizes the necessity of the legalization of the support system.This article substantiate the theoretical basis by quoting the principle of conformity of rights and obligations,the theory of public burden equality,special sacrifice theory and social support theory.The second part analyses the shortcomings of the current laws and policies about the support system for the one-child died family.This article analyses the practice of the government in the support work of the one-child died family from the central and local aspects,concludes the shortcomings of the support system for the one-child died family in the responsibility main body,help object,the degree of help and supervision rights.The third part puts forward the idea of the legalization of the support system for the one-child died family.This article analyses the choice of legislative model,puts forward three principles about protect the rights of the one-child died family,multi subject participation,the balance of the material and the spirit help,perfect the system from four aspects which concludes material help,provide for the aged,spiritual comfort,safeguard legal rights.There are many deficiencies in the present support system for the one-child died family.If we can raise it from the policy level to the legal level and perfect system design,the rights of the one-child family can be protected more better.It is important for both individuals and society.