Research On Legal Protection Of Old-age Rights And Interests Of Elderly People Who Have Lost Their Only Child In My Country

Since the implementation of the family planning policy in 1982,the excessive growth rate of China's population has been effectively controlled.At that time,the families that actively responded to and supported the implementation of the national family planning policy made great contributions to this end,but also suffered the pension risk of this special family structure.At present,the number of elderly people who have lost their only child has reached one million in China,and the number of elderly people who have lost their only child increases by 150,000 every year.The elderly care for the elderly who have lost their only child is not only a family problem,but also a severe social problem.China's social security old-age care system is not yet perfect,and there is no relevant legal system for the special group of elderly people who have lost their only child.The elderly people who have lost their only child have been severely lacking in old-age security measures and the system of spiritual comfort.The elderly people who have lost their only child have become the victims of the family planning policy.It has become an urgent social task to safeguard the pension rights and interests of the elderly and protect their right to subsistence.With the passage of time,the group of parents who first responded positively to the policy call for only children has entered the twilight years.In the process,the number of children of some families who died early due to illness,natural disasters,accidents or other reasons has increased.At present,the number of elderly people who have lost their independence has reached millions.Every year,the speed of 150,000 new elderly people who lost their independence has soared.The elderly pension is not only a family problem,but a serious social problem.China's social security pension system has not yet been perfected,and there is no relevant legal system for the special group of elderly people who have lost their independence.The pension security measures and spiritual comfort system for the elderly are seriously missing.The elderly who lost their independence have become victims of family planning policies.It is an urgent social task to safeguard the old-age pension rights and protect the right to subsistence.First of all,this paper starts with the cause and policy provisions of the elderly care problem of the elderly alone,and makes a simple explanation of the relevant concepts and the historical causes of the elderly alone.The accidental death of the only child directly led to the phenomenon of independence,and the implementation of the family planning policy indirectly led to the phenomenon of independence.The only child family quantity is many,loses only the risk to be big,the pension question is many.If we refer to the relevant support policies of other vulnerable groups to provide relief for the elderly who have lost their only child,there are fewer targeted and specific provisions,failing to effectively solve the immediate needs of this special group.Therefore,on the basis of understanding the current situation and living pattern of the number of the elderly who have lost their only child and combining with the current national regulations,we should not only affirm their contribution to the national policy,but also be responsible for their old-age care.First of all,starting with the causes and policy provisions of the old-age pension problem,this paper makes a simple explanation of the concept,the historical reasons and the current development of the elderly who have lost their independence,so that we can have a basic understanding of this.It also enables us to realize accurately that the improvement and development of the old-age security system for the elderly is of great practical significance to the development of a harmonious society.Secondly,by analyzing the characteristics of the current situation of the elderly parents who have lost their only child,combining with the relevant legal provisions and the existing old explanation,points out that the elderly parents who have lost their only child endowment existence dilemma,mainly reflected in three aspects,one is the lack of family security,fewer offspring lost alone life support long-term security,and lost the old body function failure,no longer possesses the physical quality of creating value.Second,the legislative guarantee lags behind,failing to specifically determine the legal AIDS status of the elderly without independence,failing to pay attention to the pension problems in essence,failing to actually implement the safeguard measures for the elderly parents who have lost their only child.Thirdly,the "silver wave" hit,the social security system is not sound enough,to give the elderly alone lack of financial support,the lack of spiritual comfort.To some extent,these three deficiencies hinder the exercise of the elderly's pension rights and interests,and violate the social moral norms of respecting the elderly and filial piety.Finally,this paper draws on the legislative and practical experience of western countries and combines with China's actual national conditions to put forward countermeasures and Suggestions to strengthen the protection of the elderly's pension rights and interests,such as the enactment of special "law on social assistance for the elderly without children" or "regulations on assistance for the elderly without children".We will improve the property inheritance system for the elderly who have lost their only child,expand the scope of legal heirs,add more levels of legal succession,and improve the existing bequest and support agreement system,so as to organically unify the maintenance obligations and inheritance rights of the elderly who have lost their only child,give full play to the family pension function,and alleviate the social pension pressure.A special management institution for the elderly who have lost their only child shall be set up to determine the guardianship relationship for the elderly who have lost their only child,establish a long-term and stable guardianship system,coordinate and solve the financial support sources for the elderly who have lost their only child,establish long-term emotional dependence and spiritual sustenance,and fill the spiritual vacancy of the elderly who have lost their only child.We will optimize legal services for the elderly who have lost their only child,and provide convenient and efficient litigation services and free professional lawyer services.The improvement and development of the pension rights and interests security system for the elderly who have lost their only child is of great practical significance to the construction of a harmonious society.