老龄化社会中代际利益平衡的法理探析

A Jurisprudential Exploration of Intergenerational Interest Balance in an Aging Society

摘要: 随着中国步入中度老龄化社会，代际间的资源分配矛盾与利益张力日益凸显。现行法律体系在应对这一挑战时存在三重法理缺陷：老年群体作为代际利益主体的法律地位虚置，代际资源分配的正义规则模糊不清，国家与家庭之间责任分担的法定边界缺失。要解决这些问题，一是要确立老年群体作为代际利益主体的独立法律地位，并赋予其程序性权利；二是要在社会保障立法中明确资源分配的实体标准与程序规则；三是要构建国家与家庭协同互补的法定责任分担机制，通过法治方式平衡不同代际的利益诉求，保障老年人在共享社会发展成果中获得应有的权利尊重。

Abstract: As China enters a moderately aging society, the contradictions and tensions in resource allocation and interests between generations are increasingly prominent. The current legal system faces three legal defects in addressing this challenge: the legal status of the elderly as intergenerational interest subjects is ineffectual, the justice rules for intergenerational resource allocation are ambiguous, and there is a lack of statutory boundaries for responsibility sharing between the state and families. To address these issues, firstly, it is necessary to establish the independent legal status of the elderly as intergenerational interest subjects and grant them procedural rights; secondly, it is important to clarify the substantive standards and procedural rules for resource allocation in social security legislation; thirdly, a statutory responsibility sharing mechanism that facilitates collaboration and complementarity between the state and families should be established, balancing the interest demands of different generations through legal means and ensuring that the elderly receive due respect for their rights in sharing the fruits of social development.