我国农村社区居家养老的法治保障研究

Research on the Rule of Law Guarantee for Home-Based Elderly Care in Rural Communities in China

摘要: 随着人口老龄化程度加深，农村老年人养老权益保障面临诸多法律困境，亟待从法治层面予以回应。区别于其他养老模式，我国农村社区居家养老起步较晚，存在法律体系不完善、保障机制不健全等问题。因此，对于农村地区的养老问题，探索在法治框架下完善农村社区居家养老服务的规范路径，是本文研究的核心。本文共分为三个部分，首先从法理层面介绍我国农村社区居家养老；其次对我国农村社区居家养老的现状进行探索研究，指出其存在的法律问题；最后，从法律视角出发，从立法层面、执法层面、司法层面、法律监督等层面为我国农村社区居家养老的法治保障提供完善路径，以期促进我国农村社区居家养老在农村的进步与发展。

Abstract: With the deepening of population aging, the protection of the rights and interests of the elderly in rural areas is facing many legal difficulties, which urgently need to be responded to from the level of the rule of law. Unlike other elderly care models, rural community home-based elderly care in China started relatively late, with issues such as an imperfect legal system and incomplete guarantee mechanisms. Therefore, for the elderly care problem in rural areas, it is the core of this paper to explore the normative path to improve home-based elderly care services in rural communities under the framework of the rule of law. This paper is divided into three parts. Firstly, from the legal level, it introduces China’s rural community home care; Secondly, the current situation of home-based elderly care in rural communities in China is explored and studied, and the legal problems are pointed out. Finally, from the perspective of law, it provides a perfect path for the legal guarantee of home care in rural communities in China from the legislative level, law enforcement level, judicial level, legal supervision and other levels, in order to promote the progress and development of home-based elderly care in rural areas in China.