社区居家养老服务的法律保障研究

Research on the Legal Protection of Community Home-Based Elderly Care Services

摘要: 在我国人口老龄化持续加深、家庭养老功能持续弱化的社会背景下，社区居家养老已成为契合国情民意、覆盖最广泛老年群体的主流养老模式。该模式以家庭为核心、以社区为依托、以专业化服务为支撑，兼具居家养老的情感属性与机构养老的专业优势，是应对“未富先老”“未备先老”现实困境的关键路径。当前我国社区居家养老服务实践快速推进，但法律保障体系仍存在顶层设计不足、专门立法缺失、主体权责模糊、资金监管薄弱、纠纷解决机制不健全、智慧养老数据安全风险突出等问题，严重制约服务规范化、可持续发展。本文立足法学视角，结合最新政策导向与地方立法实践，系统梳理社区居家养老服务法律保障的现状与困境，从完善法律法规体系、明晰多元主体权责、健全资金保障与监管制度、构建多元化纠纷解决机制、强化智慧养老数据安全保护五个维度，提出法治完善路径，旨在为社区居家养老服务高质量发展提供坚实法治支撑，切实保障老年人合法养老权益。

Abstract: Against the social background of the deepening population aging and the continuous weakening of family caregiving functions in China, community home-based elderly care has become the mainstream elderly care model that conforms to national conditions and public will, covering the widest range of elderly groups. Centered on families, supported by communities and backed by professional services, this model combines the emotional attributes of home-based care and the professional advantages of institutional care, serving as a crucial approach to addressing the practical dilemmas of “aging before affluence” and “aging before preparation”. At present, the practice of community home-based elderly care services in China is advancing rapidly, yet its legal protection system still suffers from multiple deficiencies, including inadequate top-level design, lack of special legislation, ambiguous rights and obligations of relevant subjects, weak fund supervision, imperfect dispute resolution mechanisms, and prominent data security risks in smart elderly care. These problems severely restrict the standardized and sustainable development of such services. From the perspective of jurisprudence, this paper systematically sorts out the current situation and dilemmas of legal protection for community home-based elderly care services by integrating the latest policy guidelines and local legislative practices. It proposes paths for improving the rule of law in five dimensions: perfecting the legal and regulatory system, clarifying the rights and responsibilities of multiple stakeholders, improving the fund guarantee and supervision system, establishing a diversified dispute resolution mechanism, and strengthening data security protection for smart elderly care. This research aims to provide solid legal support for the high-quality development of community home-based elderly care services and effectively safeguard the legitimate elderly care rights and interests of the aged.