Loss Of The Family Rights And Interests Protection Law Studies

Lost family alone is originally composed of parents and only-child family structure, but because of the one-child accident left, the original family structure has been broken and form the only parents, incomplete family structure type that has no children. Study lost alone the family rights and interests guarantee is the theory basis of basic theory of human rights. Through to the outside lost family rights and interests protection legislation experience introduction alone, alone can be lost in China play a certain reference function of family’s rights and interests. Safeguard the rights and interests of lost family alone outside the main experience of adult guardianship system, on behalf of the state is Germany, France, Japan; Legal aid system, on behalf of the state is the United Kingdom, the United States, Hong Kong; Concentrated endowment patterns, on behalf of the state is Japan, the United States, Hong Kong; Community endowment patterns, on behalf of the state is the United Kingdom, the United States and Japan.At present our country for the loss of family rights and interests protection legislation alone is not enough perfect, mainly based on the population and family planning regulations and government regulations, etc., and a strong sense of family planning. Lost in China alone the family rights and interests safeguard the main problems: the sole parents without supervision; the sole family lack of perfect legal aid; the one-child death assist gold distribution system is not sound; the sole family endowment is difficult; the family mental health recovery is difficult. For the above problems, this paper puts forward five measures: first, the introduction of adult guardianship system in order to solve the problem of loss of single parents without supervision; Second, perfect the legal aid system in order to solve single family problem of the lack of perfect legal aid; Third, the government involvement in the one-child death helped gold distribution and determine even the gold standard in order to solve the one-child assist gold distribution system is not sound; Fourth, explore the new mode of centralized endowment and community endowment to solve the problem of family pension alone cannot; Fifth, strengthen the government responsibility, to set up the mental comfort mechanism to solve the problem of family mental health recovery alone cannot.