Research On The Legal Issues Of The Old-age Security For The Empty Nesters In The Rural

According to the international standard of aging,if the proportion of population over 60 years old to the total population reaches more than 10%,then the country is aging.Due to the declining birth rate and the increasing average life expectancy,the proportion of China's population over 60 years of age reached 10.1% in 2000,formally entering an aging society.The development of economy,the convenience of transportation,the integration of culture and other factors have changed people's way of life.In rural areas,the number of children who go out to study,work and settle down is increasing,and the empty nesters in the rural is widespread.Because children and other legal support are not around,they can not or do not want to support the empty nesters in the rural.On the basis of economic backwardness and relatively poor living environment in rural areas,the elderly in rural areas mainly rely on the implementation of their children's support obligations,which makes the empty nesters in the rural face a more severe problem of providing for the aged.The imperfect legal system related to social security for the aged,which further intensifies the elderly in the rural empty-nest predicament,therefore,it is of great significance to improve the level of old-age security for rural empty-nesters and even rural areas by perfecting the relevant legal system of old-age security for the empty-nest elderly in rural areas.Under this background,this article mainly uses the literature research method,the empirical research method to raise the question,to analyze the question and to solve the problem.The comparative research method and so on carries on the research to the rural empty nest old age pension security system existence several legal problems,altogether divides into four parts:Part one,based on the present situation of the legal system of social old-age security,and from the perspective of the pension dilemma faced by t the empty-nests elderly in rural,this paper points out that the existing social old-age security has the common problem of low legislative level of old-ageinsurance.The lack of special legal protection for the empty nesters in rural,as well as the low level of protection under the provisions of the old-age insurance,the imperfections of the provisions on the duties of the dependents and the imperfect regulations on the care of the aged at home,etc.Under the premise that children and other dependents can not or are unwilling to fulfill their support obligations,the empty nesters in the rural are faced with more serious difficulties in material life,care for life and spiritual old-age care.The second part,On the basis of the analysis of the necessity and feasibility of the special legislative protection for the empty nesters in the rural,the author points out that the empty nesters in the rural security legislation lags behind.The government has insufficient investment in old-age security for the empty nesters in the rural,and the contents of fulfilling the maintenance obligations are difficult to determine,and the home nursing model in rural areas lacks a realistic foundation is the main reason for the legal problems of rural empty-nest elderly.In the third part,the author chooses Germany,which has relatively perfect legal system of old-age security,and Japan,Singapore and Taiwan,which share similar cultural traditions with China,This paper mainly analyzes the legal system of old-age security in the above countries and regions,which is related to the responsibility of the government and the duty of the dependant.We can perfect the legal system of old-age security in rural areas by perfecting the government's responsibility,expanding the channels of raising old-age funds,perfecting the relevant legal provisions of supporting person's obligation,and developing the mode of home care for the aged.In the fourth part,Some suggestions are put forward to perfect the legal system of old-age security for the empty nesters in the rural,mainly from the angle of the government,village collective economic organizations and individuals,to enrich the pension security funds,to improve the level of old-age security,and at the same time,to give full play to the duty of supporting the elderly.On the basis of perfecting the legal system of home nursing and old-age security,the realization of the rights of life care andspiritual support for the elderly is guaranteed.The specific suggestions are as follows: improving the legislative level of pension insurance for urban and rural residents;Formulate the normative legal documents of rural empty-nest old-age pension security;improve government responsibility,increase financial input;expand rural old-age funding channels;improve the legal provisions of the obligation of support;Improve the empty nesters in the rural related nursing legal system,and so on.