| In recent years, the elderly who lose their single child have attracted great attention all over the country. As the victim of our family planning policy, the elderly who lose their single child usually face a series of problems, such as senior life protecting, health care and other services. At the same time, their rights and interests couldn’t be guaranteed by their dead child. The risk of losing single child is a kind of family risk, but the elderly who lose their single child are also the victim of our policy and their rights and interests should theoretically be ensured by our country. In fact, the elderly usually couldn’t be protected because of the legal vacancy. In response, this special group and the derived social problems require us to pay extensive attention. We should also look for ways of law and policy to accomplish the effective protection of the elderly. Especially with the rapid increase of the elderly, it has great significance to the survival and development of the elderly as well as the stability and harmony of the society.Therefore, we start with the elderly’ particularity and necessity and analyze the problem during protecting the rights and interests by legislation and law enforcement. In the meantime, we inspect and draw lessons from some developed countries’ system, such as Germany, America and Japan. Finally, some legal suggestions about the protection of the elderly are proposed based on the findings of this study. The first part of the article will elaborate on the elderly’ particularity and then point out the necessity of this protection. Based on an overview of the elderly’protection, the second part indicate the main problem and the cause of these problem. Through analysis and comparison of some foreign countries’relevant systems and ideas, the third part point out the good reference for our country. On those three parts basis, the last part put forward a fundamental path from legal area of the protection of the elderly. |
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