Research On Legal System Problems And Countermeasures Of Family Pension Protection In The Context Of Aging

With the advancement of modernization,the degree of aging in China has deepened dramatically,and while modern social life has become increasingly complex,its related elderly care issues have also become more and more widely concerned by all sectors of society.At present,there are social incidents in which the legitimate rights and interests of the elderly groups in China are violated and those who are obligated to provide support refuse to assume the responsibility of providing support.To deal with China’s increasingly serious pension problem can not only rely on our traditional culture of family pension customs,to promote the rule of law in the context of the construction of the general should be in the legal level to improve the relevant rights and interests of the protection system,the construction of the rule of law to protect the rights and interests of the elderly land.In terms of the current social reality,the construction of social pension system still has a long way to go,and at this stage,it cannot meet the huge demand of social pension,family pension is still the main way of pension for social residents,however,family pension is facing the huge pension pressure of family with fewer children brought by family planning,which makes family pension face new challenges in the new era.Improving the legal system of family pension guarantee is of great significance to solve the national pension problem,and is an important cornerstone for the stable development of today’s society,so it is urgent to optimize the legal system of family pension guarantee in China.The whole paper will be developed in four parts:The first part introduces the concept and theoretical foundation of family retirement,clarifies the basic concept of family retirement and the difference between family retirement and home retirement and social retirement,and on this basis introduces the moral and ethical basis for improving the legal system of family retirement so as to clarify the importance and necessity of improving the legal system of family retirement protection.The second part introduces the orientation and status of China’s legal system of family pension in the context of aging.China’s legal system of family pension is centered on the Law on the Protection of the Rights and Interests of the Elderly,which clearly defines that children should assume the obligation to support the elderly and fulfill the obligations of economic support,living care and spiritual comfort.The civil code,criminal law and other laws specify the rights and obligations of family old-age care and the contents of family old-age care and the legal responsibilities corresponding to the non-fulfillment of obligations by the obligors,and the remedies for the infringement of rights and interests of the right holders,so as to provide protection for the rights and interests of the elderly.Based on the current situation of the legal system of family pension protection introduced in the second part,the third part analyzes the problems in five aspects: firstly,the subjects of legal obligation of family pension are limited;secondly,the legal content of family pension needs to be refined;thirdly,the protection of rights and interests of the right holders of family pension is weak;fourthly,the social protection of family pension is loose;fifthly,the application of the alimony agreement system needs to be improved.Part IV puts forward five suggestions to improve the legal system of family pension protection in response to the problems analyzed in Part III: First,to optimize the provisions of the subjects of legal obligations of family pension,specifically,to increase the subjects of legal pension obligations and to clarify the provisions of legal support between peers;second,to standardize the legal content and standards of family pension,specifically,to refine the provisions of material support,to clarify the provisions of spiritual support and to Thirdly,the legislation of guaranteeing the rights of family old-age care should be clarified,so that the spiritual needs of the elderly can be implemented by establishing the right to be visited from time to time,and the material needs of the elderly can be guaranteed by establishing the right to enjoy social information and the right to live independently;fourthly,the obligations of multiple subjects in family old-age care should be clarified,firstly,the status of family members as the main subjects of old-age care responsibility should be established,and on this basis Fourth,to clarify the obligations of multiple subjects in family elderly care,firstly,to establish the status of family members as the main body of elderly care responsibility,and on this basis,to clarify the obligations of multi-level family elderly care responsibility subjects,and to improve family care policy support to ease the pressure of family caregivers;Fifth,to put forward proposals to promote the application and improvement of China’s family support agreement system.