Research On The Legal Protection Of The Rights And Interests Of The Elderly Who Have Lost Their Independence

The elderly who have lost their only child is the product of the family planning policy,and it is also a contributing group to the family planning policy.After the death of the only child,the old people who lost their only child are facing the difficulties of medical care,economy and life care,and their pension rights and interests are not guaranteed.As a contributor to the policy and a vulnerable group of the whole society,the rights and interests of the elderly who have lost their only child should be protected by law.It is the responsibility of the government and society to help the old people to solve the problem,but it is often difficult to realize in practice.Loss of only child is a kind of social risk.Losing independence is a social risk.With the increasing of the number of the elderly,it is very important to pay attention to the problem of how to protect the rights and interests of the elderly,and to explore the legal ways to realize the protection of the rights and interests of the elderly who have lost their only child,as well as the development of the society.Therefore,this article starts from the particularity of the old people who have lost their only child and the need to protect their pension rights and interests.This paper mainly adopts the methods of literature,legal hermeneutics,comparative analysis,value analysis and so on to study the legal protection of the pension rights and interests of the elderly without only child in China.To further improve China's pension rights and interests of the legal protection system to provide special and feasible countermeasures.First of all,this paper starts with the theory of the elderly who lost only child and the right to the aged,and explains the legal connotation,the subject and content of the right of the elderly without only child,and the reasons for the formation of the right.Through the theory and the formation reason,the systematic understanding of the rights and interests of the elderly in the legal significance,understanding the value of this research direction to social development.Secondly,through the analysis of the current situation and problems of the pension rights and interests protection of the elderly in China.Based on China's actual situation,combined with relevant laws and interpretations,the paper puts forward the problems.This is reflected in:First,the lack of diversified guardianship system,the rough voluntary guardianship system and the lack of relevant supervision mechanism;Second,the old people's internal income level difference is obvious,the old-age insurance fee is insufficient;Third,the adoption conditions and adoption type are single;Fourth,the single pension model and other issues deficiencies seriously affect the legal protection of the pension rights and interests of the elderly.Finally,this paper proposes some suggestions based on the actual situation of our country by referring to the relevant legislation and practical experience of other countries.Including:optimizing the selection system of guardians,the preferred guardianship system and the guardianship authority system,hierarchical design endowment insurance,establishment of three pillar structure and pluralistic supervision system,extension of retirement age and reasonable custody of insurance benefits,supplementary nursing insurance system,magnified adoption conditions,use of adoption period,establishing the pattern of "Mutual Assistance" for the aged,formation of judicial protection for the elderly,etc.Through the above suggestions,we can improve the legal protection of the rights and interests of the elderly.