我国失独老人权益保障研究
发布时间：2019-01-02 20:48
【摘要】：失独老人是近几年来才引起社会和国家广泛关注的一个特殊的社会群体。作为我国计划生育政策的牺牲者之一的失独老人在独生子女离世后面临着养老、医疗、服务等方面的困境,其权益往往得不到来自子女的保障。“失独”风险是一种家庭风险,但失独老人更是一种政策的受害者,理论上应该由国家对该群体的权益予以保障,事实上这种保障由于法律制度设计上的空白而难以实现。尤其是随着失独老人数量的增加,关注失独老人及其衍生的一系列社会问题,并试图寻找法律与政策途径实现失独老人合法权益的有效保障,这对失独老人的生存和发展、社会的稳定和谐有着重要现实意义。基于此,本文从失独老人的特殊性及其权益保障的必要性入手,分析了我国失独老人权益保障的立法和执法存在的问题,进而考察了德、美、日等发达国家相关制度并予以借鉴,试图从立法等角度对失独老人权益保障提出些许思考和设想。文章的第一部分对失独老人的特殊性进行阐述,进而指出失独老人权益保障的必要性；第二部分通过对当前我国失独老人权益保障的概况分析,指出存在的主要问题并分析其成因；第三部分通过对国外相关制度和理念的研究,经过比较分析,找出可供我国的借鉴之处；第四部分在前三部分的研究基础上,具体提出法律层面上失独老人权益保障的基本路径。
[Abstract]:The elderly without independence is a special social group which has attracted wide attention of the society and the country in recent years. As one of the victims of our country's family planning policy, the elderly who lost their independence face the dilemma of old-age care, medical treatment and service after the only child's death, whose rights and interests are often not guaranteed by their children. The risk of "losing independence" is a kind of family risk, but the elderly who have lost their independence are the victims of a kind of policy. Theoretically, the rights and interests of this group should be protected by the state. In fact, this kind of protection is difficult to realize because of the blank in the design of the legal system. In particular, with the increase of the number of the elderly who have lost their independence, they are concerned about a series of social problems arising from them, and try to find legal and policy ways to realize the effective protection of their legitimate rights and interests, which will have an impact on the survival and development of the elderly who have lost their independence. Social stability and harmony have important practical significance. Based on this, this paper starts with the particularity of the elderly who lost independence and the necessity of protecting their rights and interests, analyzes the problems existing in the legislation and law enforcement of the protection of the rights and interests of the elderly who have lost independence in China, and then investigates the virtues and the United States. This paper tries to put forward some thoughts and tentative ideas on the protection of the rights and interests of the elderly who have lost independence from the angle of legislation and other related systems in Japan and other developed countries. The first part of the article expounds the particularity of the elderly who lost independence, and then points out the necessity of the protection of the rights and interests of the elderly. The second part points out the main problems and analyzes the causes by analyzing the general situation of the protection of the rights and interests of the elderly who lost independence in our country at present. The third part through the study of foreign related systems and concepts, through comparative analysis, to find out the reference for our country; The fourth part, on the basis of the first three parts, puts forward the basic path of the protection of the rights and interests of the elderly on the legal level.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
本文编号：2398972
[Abstract]:The elderly without independence is a special social group which has attracted wide attention of the society and the country in recent years. As one of the victims of our country's family planning policy, the elderly who lost their independence face the dilemma of old-age care, medical treatment and service after the only child's death, whose rights and interests are often not guaranteed by their children. The risk of "losing independence" is a kind of family risk, but the elderly who have lost their independence are the victims of a kind of policy. Theoretically, the rights and interests of this group should be protected by the state. In fact, this kind of protection is difficult to realize because of the blank in the design of the legal system. In particular, with the increase of the number of the elderly who have lost their independence, they are concerned about a series of social problems arising from them, and try to find legal and policy ways to realize the effective protection of their legitimate rights and interests, which will have an impact on the survival and development of the elderly who have lost their independence. Social stability and harmony have important practical significance. Based on this, this paper starts with the particularity of the elderly who lost independence and the necessity of protecting their rights and interests, analyzes the problems existing in the legislation and law enforcement of the protection of the rights and interests of the elderly who have lost independence in China, and then investigates the virtues and the United States. This paper tries to put forward some thoughts and tentative ideas on the protection of the rights and interests of the elderly who have lost independence from the angle of legislation and other related systems in Japan and other developed countries. The first part of the article expounds the particularity of the elderly who lost independence, and then points out the necessity of the protection of the rights and interests of the elderly. The second part points out the main problems and analyzes the causes by analyzing the general situation of the protection of the rights and interests of the elderly who lost independence in our country at present. The third part through the study of foreign related systems and concepts, through comparative analysis, to find out the reference for our country; The fourth part, on the basis of the first three parts, puts forward the basic path of the protection of the rights and interests of the elderly on the legal level.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
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