Research On The Legal Guarantee Of Social Assistance Right Of The Group That Lost Their Only Child In China

China's group of lost the only child is rooted in the family planning policy,the “high risk” trait of the one-child family is the intrinsic reason for its occurrence,and the risk of diversity is the external factor.The group currently faces three major difficulties: economic,spiritual and life.As the most basic human right,the social assistance right is guided by the concept of human rights protection.It has the support of the theory of the vulnerable group protection,the theory of state obligations and the theory of intergenerational birth equality.The legal guarantee of the social assistance right of the individuals who have lost their only child has three practical significances: maintaining social stability,embodying the level of human rights protection and development of China,and demonstrating state responsibility.Firstly,Through the analysis of the international conventions signed or joined by China,China's constitutions,laws and regulations and other normative documents,it is found that the legal guarantee of the social assistance rights of the groups in China has a low level of legislative effectiveness.In addition,there are three shortcomings in the content: the unclear object of assistance,the unclear national legal obligations,and the imperfect legal system.Secondly,through the case analysis of the status quo of the legal guarantee practice of the social assistance right of the lost individual group,it is found that the re-fertility rights of the lost individual groups in China are difficult to realize,and the legal aid mechanism is not perfect.The deeper reason is that the state has indifference to the “fertility” as a human right,lack of supervision and lack of social care.Furthermore,it is necessary to put forward suggestions for improving the current laws and regulations for the protection of the social assistance rights of the individual groups,optimizing the implementation supervision mechanism and improving the legal aid means,in order to better solve the problem of the legal protection of the social assistance rights of the group.