Research On The Social Security Legislative Issues For Families Bereaved Of The Only Child

In 2016,the second child policy was fully implemented,ending the one-child policy for nearly 40 years,and leading to another huge change in the Chinese family model.At the same time,the negative effects of the longstanding one-child policy gradually become apparent.The single-child parents who have actively responded to national policies lost the only child due to subjective and objective reasons and exceeded the reproductive age.The universal two-child policy cannot eliminate the impact of the one-child policy for parents who have permanently lacked the emotional companionship of their children.Therefore,the country needs to take safeguard measures to achieve a smooth transition of the birth policy.Establishing a perfect social security legal system for families bereaved of the only child not only reflects fairness and justice,but also maintains the long-term stability of social order,which is more conducive to the country to establish a multi-level social security system.The thesis studies from the perspective of legislation,and takes the families bereaved of the only child as the research object.Besides the thesis analyzes the necessity of social security legislation for families bereaved of the only child from macro to micro levels,and explores the feasibility of social security legislation for families bereaved of the only child.The thesis studies by sorting out the current relevant laws and regulations and find that the current legal system has several problems.For instance,the current legal norms lack a basis of the higher norms and legal force,the law provision is misty and weak in operability,the legal system for families bereaved of the only child is incomplete and lacks of necessary supervision system.Based on the current situation of social security legislation for families bereaved of the only child,the thesis proposes legislative measures to improve the social security legal system.The country already has the practical and economic foundation for legislation,which should establish a concept of legislation first,and adopt a special legislative model to enact the Regulations on Social Security of Families Bereaved of the Only Child,so as to meet the needs of the legal relations of social security for families bereaved of the only child.After a period of practice and evaluation,the legislature can enact the Social Security Law of Families Bereaved of the Only Child.In the legislation process,the construction of the system must be taken into account,including the institutional construction of information management,the relief fund system,the pension service,the psychological service,medical service,the generous adoption conditions.Together with the supporting fund management,implementation and supervision system,they build a comprehensive social security legal system for families bereaved of the only child.The law should establish the national health commission as the competent authority,which needs to be empowered to coordinate with other government departments,especially the civil affairs department and social security department.Base on the need spill theory,the moderate level of security should ensure that families bereaved of the only child return to normal life.On the basis of distinguishing different levels of assistance for families bereaved of the only child,the law determines cash assistance standards based on minimum living security and per capita consumption level,and determines appropriate service standards based on local practice and rescue goals.In the process of law enforcement,the age limit for parents bereaved of the only child should be moderately relaxed,the rescue date should be adjusted to the time when the families met the rescue conditions,the withdrawal situation should clearly include adoption and rebirth as exit conditions.Internal supervision should include regular supervision and inspection system,financial supervision and audit supervision,the external supervision systems should include information publication system and complaint and suggestion systems,which constitute an efficient and convenient supervision system.