老龄化背景下老年人权益保障的困境与完善路径研究

Research on the Dilemmas and Improvement Paths of Elderly Rights Protection in the Context of Population Aging

摘要: 本文立足于中国人口老龄化加速的宏观背景，分析传统养老模式向机构养老、智慧养老转型过程中，老年人权益保障面临的多维困境。当前，我国已初步形成以《老年人权益保障法》为核心的法律政策体系，养老服务覆盖面持续扩大，但仍在制度协同、法治供给、权益范畴、服务可及性、数字包容性等方面存在突出问题。机构养老中人身、财产权益受侵害风险上升，智慧养老带来隐私泄露、算法歧视等新型威胁，城乡、区域及代际间保障水平差异显著。研究提出，应通过完善老龄法治体系、创新社会政策与公共服务供给、强化技术赋能与数字包容、弘扬孝亲文化与构建老年友好型社会等多元路径，系统提升老年人权益保障水平，推动实现从“生存保障”到“全面发展”的转型，助力积极应对人口老龄化国家战略的实施。

Abstract: Based on the background of the accelerating aging of the Chinese population, this article analyzes the multi-dimensional predicaments faced by the protection of the rights and interests of the elderly during the transformation from traditional elderly care models to institutional elderly care and smart elderly care. Currently, China has initially formed a legal and policy system centered on the “Law on the Protection of the Rights and Interests of the Elderly”, and the coverage of elderly care services has continued to expand. However, there are still prominent problems in terms of system coordination, legal supply, the scope of rights and interests, service accessibility, and digital inclusiveness. In institutional elderly care, the risk of infringement of personal and property rights of the elderly is on the rise, and smart elderly care brings new threats such as privacy leakage and algorithmic discrimination. There are significant differences in the level of protection among urban and rural areas, regions, and generations. The research proposes that through multiple paths such as improving the legal system for the elderly, innovating social policies and public service supply, strengthening technological empowerment and digital inclusiveness, and promoting filial piety culture and building an elderly-friendly society, the level of protection of the rights and interests of the elderly should be systematically enhanced to promote the transformation from “survival guarantee” to “all-round development”, and to assist in the implementation of the national strategy of actively responding to population aging.