养老机构激励型监管的法律问题研究

Research on Legal Issues of Incentive-Based Regulation in Elderly Care Institutions

摘要: 养老机构激励型监管是监管方式的重大革新，通过引导、激励的方式实现养老机构的正向监管，增强监管实效，聚焦创新驱动，护航高质量发展，以质促兴，以新致远。与传统的“命令–控制”监管相比，其更具有自主性和开放性，强制性则有所减弱。当前，我国已在税收减免、建设补贴、运营补贴等领域展开了养老机构激励型监管实践，但囿于养老机构传统的“命令–控制”监管的制约，而养老机构激励型监管尚未完全法治化，导致养老机构激励型监管没有充分发挥其实效。基于此，应当对养老机构激励型监管进行系统的法治构建，以整理治理为导向，细化监管责任，推动协同治理，注重监管实效、设置程序、明确法律责任与救济机制，遵循和贯彻行政法治原则、信赖保护原则、正当程序原则，确保养老机构激励型监管的有效实施。

Abstract: Incentive regulation for elderly care institutions represents a major innovation in regulatory approaches. By adopting guidance and incentive mechanisms, it achieves positive regulation of elderly care institutions, enhances regulatory effectiveness, focuses on innovation-driven development, safeguards high-quality development, promotes prosperity through quality, and achieves long-term development through innovation. Compared with the traditional “command-and-control” regulation, it is more autonomous and open, with reduced mandatory force. At present, China has carried out practices of incentive-based regulation for elderly care institutions in such areas as tax reductions and exemptions, construction subsidies, and operation subsidies. However, constrained by the traditional “command-and-control” regulation of elderly care institutions and the incomplete legalization of incentive-based regulation for elderly care institutions, such regulation has not yet given full play to its effectiveness. Accordingly, it is necessary to conduct a systematic legal construction of incentive-based regulation for elderly care institutions. Guided by holistic governance, efforts should be made to clarify regulatory responsibilities, promote collaborative governance, emphasize regulatory effectiveness, establish procedural rules, define legal liabilities and remedy mechanisms, and abide by and implement the principles of administrative legality, protection of legitimate expectations, and due process, so as to ensure the effective implementation of incentive-based regulation for elderly care institutions.