| 我国失独家庭法律救助研究 |
| Alternative Title | Study on the Legal aid for the One-child Died Family in China
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| 赵炳舒 |
| Subtype | 硕士
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| Thesis Advisor | 胡珀
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| 2014-05-24
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| Degree Grantor | 兰州大学
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| Place of Conferral | 兰州
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| Degree Name | 硕士
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| Keyword | 失独家庭
弱势群体
法律救助
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| Abstract | 计划生育政策作为我国的一项基本国策在我国已经施行了30多年，受该项政策的影响，独生子女家庭成为当前我国主要的家庭结构模式。然而，由于独生子女家庭自身所特有的风险性，使得一部分的独生子女家庭因意外变故而成为了失独家庭。我国法学界目前对此类问题的关注程度还远远不够，现有的法律法规中对失独家庭的涉及近乎空白。由于缺乏有效的法律机制，失独家庭的合法权益在很大程度上难以得到很好的维护。
本文主要通过四个部分对失独家庭所面临的问题进行研究。第一部分指出了我国失独家庭产生的原因以及我国目前就此类问题的立法概况；第二部分通过对法学理论的分析和研究，指出了对失独家庭进行法律救助的法学理论依据；第三部分分析了国外相关立法及其对我国的借鉴意义；第四部分在结合了前三个部分理论研究的基础上，就我国失独家庭的法律救助问题提出具体的立法建议。
笔者认为，未来我国很长一段时期内，独生子女家庭将依然是我国主要的家庭结构模式，基于此，势必会产生越来越多的失独家庭。如何通过法律切实有效的保障失独家庭的合法权益，对我国未来的社会发展和社会稳定都具有重要的现实意义。
关键词：失独家庭，弱势群体，法律救助 |
| Other Abstract | A basic national policy of family planning policy in China has been implemented more than 30 years in our country, affected by the policy, the one-child family become the main family structure modes in our country. Nevertheless, because of the one-child family own unique risks, making parts of them became the one-child died family to an unexpected accident. According to statistics, the one-child died family generally faced a series of practical problems ,such as providing for the aged, psychological trauma, medical treatment and so on. The jurisprudential circle in China at present, however, such problem to the attention of a degree is not enough, involved our country's existing laws and regulations for the one-child died family almost blank, although some policy documents have involved in this kind of problems, but not enough system and specification. Due to a lack of effective legal mechanism, the legal rights and interests of the one-child died family to a great extent, it is difficult to get a good maintenance.
This article mainly divide into four parts to research the one-child died family faced the problems. The first part of the article points out the cause of the one-child died family, their survival situation and the Chinese current situation of lawmaking for such problems; The second part of the article through the analysis and study of legal theory, points out the basis of legal aid for the one-child died family; The third part of the article, through the method of comparative analysis, analyzes the foreign related legislation and its related significance to our country; The last part of the article combined with the three former parts, on the basis of theoretical research, put forward the specific legislative proposals for the one-child died family.
The author believes that a long period of time in the future in our country, the one-child family will still be the main mode of family structure, based on this, it will produce more and more the one-child died family. Through the law, how effective safeguarded the lawful rights and interests of the one-child died family, to the future social development and social stability in China has important practical significance.
Key words: The one-child died family, Vulnerable group, Legal aid |
| URL | 查看原文
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| Language | 中文
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| Document Type | 学位论文
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| Identifier | https://ir.lzu.edu.cn/handle/262010/202386
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| Collection | 法学院
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Recommended Citation
GB/T 7714 |
赵炳舒. 我国失独家庭法律救助研究[D]. 兰州. 兰州大学,2014.
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