养老服务机构行政监管的法治困境与完善规制

The Dilemma of the Rule of Law and the Improvement of Regulations in the Administrative Supervision of Elderly Care Service Institutions

摘要: 在我国老龄化程度逐步加深的背景下，对于养老服务机构行政监管仍面临：立法未能有效适应养老服务发展、行政监管权责划分尚未理清、老年人权利救济渠道不畅等实践困境。为了促进积极应对人口老龄化、构建公平优质可持续的养老服务体系，本文立足行政法基本理论，从立法完善、职权划分及权利救济三方面探求有效的完善路径，提出兼具合法性与可操作性的路径选择。

Abstract: In the context of the gradual deepening of China’s aging degree, the administrative supervision of elderly care service institutions still faces practical difficulties such as legislation failing to effectively adapt to the development of elderly care services, the division of administrative supervision powers and responsibilities has not been clarified, and the rights and relief channels for the elderly are not smooth. In order to promote the active response to population aging and build a fair, high-quality and sustainable elderly care service system, this paper explores effective improvement paths from three aspects: legislative improvement, division of powers and rights and remedies, and proposes a path with both legitimacy and operability.