On The Legal Construction Of China's Family Endowment Insurance System

China is one of the countries with the largest old population and the fastest aging pace. How to solve the pension problems of the elderly under our specific national circumstances has become the hot topic of academic discussion. Besides, The Law on the Protection of the Rights and Interests of Elderly People has modified,pension mainly rely on family" to " pension based on home and community-based agency for supporting",and this shift raises thoughts on pension issues as well as pension model. However, when many scholars at large demonstrate innovative old-age home, the necessity of the institution endowment and the rationality of social pension, I still stick to the viewpoint of family being fundamental to Chinese pension. In this essay, based on the modification of The Law on the Protection of the Rights and Interests of Elderly, through the analysis of four parts, I will argue that the foothold of our pension model still lies in traditional family cares for old-age people while the State shall establish and improve the corresponding guarantee system to guarantee the realization of family pension.First, through the analysis of the essence of the pension problems, this essay aims to illustrate that the pension problem is a social problem that is different from other general problems and this difference is basically reflected in man's spiritual value, or the spiritual needs of the elderly. With the development of China overall economy, the problem of food and clothing is no longer the primary problem that puzzles the people, in which case, emotion is even more important for the elderly and the lack of emotional comfort makes the old man's life not complete. Second, I analyzed the new pension system in the modified law and point out the traditional home based pension mode, to a certain extent, do alleviate and solve the pension problem with a part of the elderly and also can be adapted to. Meanwhile, as a new-born thing, this pattern still has certain development space. However, home care mode faces issues such as being congenitally deficient, the development of fatigue and so on, thus it is not the ideal mode of China pension. The third part of this paper, based on the analysis of connotation of home care mode as well as its cultural ethical basis and historical value and significance, draws a conclusion that home care mode is the most suitable one for China pension problems of the elderly. Although it has some problems, and is facing the impact of new things, all these are not essential or able to shake its spiritual support. At last, based on our national situation and the experience of ancient and other countries, I put forward suggestions and opinions for countries to establish and perfect the corresponding security measures, hoping that the country and its people can return to reality, rethink pension problem from the value perspective, show respect for the elders, for the family, so as to guarantee the continuity and development of Chinese family pension mode.