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国家对失独家庭的法律责任取决于我们如何看待生育权、计划生育以及国家本身。如果将生育权视为不可侵犯的自然权利,那么国家有可能需要承担惩罚性赔偿。如果将计划生育视为公共政策,那么正当的公共政策将不需要承担任何责任,而不正当的公共政策则需要承担赔偿或补偿责任。如果将国家视为社会共同体和伦理共同体,那么即使国家的计划生育政策完全合法合理,国家也应当承认一定的救助责任。中国应当确立对失独家庭的救助责任,并且完善计划生育政策。
The legal responsibility of the state for the family of the lost is dependent on how we view the right to reproductive, family planning and the country itself. If the right to reproductive rights as an inviolable natural rights, then the state may need to assume punitive damages. If family planning is treated as a public policy, then just public policy will not have to take any responsibility, while an unfair public policy will need to be compensated or compensated. If countries are regarded as social communities and ethical communities, even if the country’s family planning policy is completely legal and reasonable, the state should also recognize some rescue responsibilities. China should establish its responsibility to help the loss-independence family and improve its family planning policy.