中国农村老年人权益法律保障问题研究

发布时间：2018-11-15 23:10

【摘要】：研究农村老年人权益法律保障问题,有利于农村和谐稳定,是建设美丽中国和构建社会主义法治社会的必然要求。目前我国农村老年人权益法律保障初见成效,通过法律法规、政府文件对家庭赡养、新农合、新农保、低保等作出了明确规定,家庭赡养情况基本良好,新农合成为发展中国家的典范,新农保减轻了农民负担,低保制度覆盖范围逐年扩大,社会服务能力逐渐增强,社会优待和社会参与逐步推进。但仍存在诸多不足,法律条文规定笼统,缺乏可操作性,尚未制定专门的农村老年人权益保障法,现有法律制度仍需进一步完善,尚未制定精神慰藉、老年人监护等制度;缺乏必要的执法依据,执法人员的法律意识和执法水平有待提高,执法缺乏有效监督;司法保护缺乏人文关怀,老年人维权案件执行效率有待提高;农村老年人精神赡养明显缺失,财产权受到侵犯,婚姻自由受到干涉,人身权受到侵犯;普法宣传力度不够,普法形式缺乏创新。应当细化规定,增强法条可操作性,出台农村老年人权益保障法,完善农村老年人权益法律保障相关制度,构建精神慰藉、老年人监护、老年人长期照护保险、老年人就业等农村老年人权益保障具体制度;提高执法机关的执法效率和水平,完善执法监督机制,强化公安派出所的保障作用;加强农村老年人权益司法保障,加强人文关怀和案件执行力度,设置农村老年人专门法庭,强化基层组织的保障作用,加强农村老年人法律援助工作;建立普法教育长效机制,创新普法宣传渠道。
[Abstract]:The study of the legal protection of the rights and interests of the elderly in rural areas is conducive to harmony and stability in rural areas and is the inevitable requirement for building a beautiful China and building a socialist society ruled by law. At present, the legal protection of the rights and interests of the elderly in rural areas has achieved initial results. Through laws and regulations, government documents have made clear provisions on family support, new rural cooperation, new rural social security, minimum subsistence, etc., and the situation of family support is basically good. The new agricultural synthesis is a model for developing countries. The new rural insurance lightens the burden of farmers, and the coverage of the minimum security system expands year by year, the ability of social service is gradually strengthened, social preferential treatment and social participation are promoted step by step. But there are still many shortcomings, the legal provisions are general, lack of maneuverability, has not yet formulated a special law on the protection of the rights and interests of the elderly in rural areas, the existing legal system still needs to be further improved, has not yet formulated a system of spiritual comfort, guardianship of the elderly; Lack of necessary law enforcement basis, law enforcement officers' legal awareness and law enforcement level need to be improved, lack of effective supervision of law enforcement, lack of humanistic care for judicial protection, the elderly rights case implementation efficiency needs to be improved; The spiritual support of the elderly in rural areas is obviously lacking, the property rights are infringed, the freedom of marriage is interfered, the personal rights are infringed, the propaganda of popularizing law is not enough, and the form of law popularization lacks of innovation. The regulations should be refined, the operation of the law should be enhanced, the law on the protection of the rights and interests of the elderly in rural areas should be promulgated, the relevant system for the legal protection of the rights and interests of the elderly in rural areas should be improved, and spiritual comfort, guardianship of the elderly, long-term care insurance for the elderly should be established, The specific system of protecting the rights and interests of the elderly in rural areas such as employment of the elderly; Improve the law enforcement efficiency and level of law enforcement agencies, improve the law enforcement supervision mechanism, strengthen the role of public security police stations; Strengthening the judicial protection of the rights and interests of the elderly in rural areas, strengthening humanistic care and enforcement of cases, setting up special courts for the elderly in rural areas, strengthening the safeguard role of grass-roots organizations, and strengthening the legal aid work for the elderly in rural areas; To establish a long-term mechanism for popularizing legal education and to innovate the channels for popularizing law.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8

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