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失独老年群体是我国实行“一胎制”计划生育政策的产物。由于种种原因,目前许多失独老年人陷入了养老困境。然而,在失独老年人养老的法律保障方面,目前我国还存在着失独群体的养老保障立法严重滞后、养老保障服务不到位、养老权益时常受到损害等问题。必须从立法保护、政府责任、司法保障、法律服务等多方面入手,通过完善立法,明确责任,提高法律法规的可实施性,落实各级政府的保障措施和强化服务,拓宽失独老年人的维权途径等多种措施,进一步完善我国养老法律保障制度,解除失独老年人的后顾之忧。
The group of elderly people who lose their independence is the product of the “one-child system” family planning policy implemented in our country. Due to various reasons, many elderly people who have lost their share of life are now in retirement plight. However, in the aspect of legal protection for the elderly who lose their independence, there are still some problems in our country such as the serious lag of the pension insurance legislation, the lack of endowment security services and the often-damaged rights and interests of the aged. We must start from the aspects of legislative protection, government responsibility, judicial guarantee and legal services. We should improve legislation, clarify responsibilities, improve the implementation of laws and regulations, implement the government’s safeguards and services, and widen the gap between the elderly and the elderly who have lost their independence Rights protection and other measures to further improve our country’s pension security system to lift the worries of the elderly to lose the independence.