我国失能老人长期照护法律保障研究

发布时间：2018-11-16 20:25

【摘要】：随着我国提前进入老龄化社会状态,人口结构发生巨变,失能老人越来越多,中国城乡失能老人已近4000万人,成为全球失能老人数量最多的国家。按照我国人口老化现状及演变趋势,到2050年我国将有4.87亿60岁以上的老年人,其中失能老人将会超过5000多万。失能老人长期照护的法律制度建设已成为社会广泛关注的社会议题,逐渐成为我国社会保障制度的重要组成部分。我国针对失能老人的保障研究多在资金支持领域,对长期照护的法律保障研究严重滞后。目前,我国尚未设立相应的照护保险制度,强制性的养老、医疗保险制度统筹层次低,长期照护服务法律保障制度成为空白。失能老人的保障只有养老金和医疗保险,导致失能老人的养老和医疗得不到相应的保障；社会救助和福利制度覆盖面狭窄,只有极少数的失能老人能够得到救助,对于多数的失能老人并没有任何保障；家庭养老功能因各种原因迅速衰退,已经无力独立支撑失能老人的照护重担：新型的社会化养老服务尚未建立,还处于缓慢发展的阶段,服务费用也十分高昂,致使多数失能老人拒绝选择养老服务机构。失能老人长期照护需求不断增加,我国应对措施相对比较滞后,相关法律政策缺失,社会化养老服务机构建设缓慢,这些客观因素均妨碍到整体保障制度的推进。我国要解决失能老人面对的困境,要求政府出台相关政策,建立政府、社会、家庭及个人共担责任的失能老人长期照护保障制度。我国部分地区针对失能老人长期照护问题的实践暴露出长期照护保障法律制度的缺失所导致的诸多不可调和的问题。在解决失能老人长期照护困境时,美国、日本、新加坡在覆盖面、资金筹集、监督管理体系及服务主体等各方面均积累了丰富的经验,我国应在借鉴国外发达国家有效措施的同时,建立适应我国社会经济发展状态及社会背景的法制化长期照护保障制度。政府应在失能老人长期照护法律保障制度的运行机制中起主导作用,国家在加快立法的同时要监督制度的实施,推动长期照护保障制度的规范与完善,稳定法律制度运行的社会环境,以期建立完善的失能老人长期照护法律保障制度。
[Abstract]:With China entering an aging society in advance, the population structure has changed dramatically, and the disabled elderly are more and more. China has nearly 40 million disabled elderly people in urban and rural areas, becoming the largest number of disabled elderly countries in the world. According to the present situation and evolution trend of population aging in China by 2050 there will be over 487 million elderly people over 60 years of age including more than 50 million disabled people. The construction of the legal system of long term care for the disabled elderly has become a social issue of widespread concern and has gradually become an important part of the social security system in our country. The research on the security of disabled elderly in China is mostly in the field of fund support, and the legal protection of long term care lags behind seriously. At present, our country has not set up the corresponding care insurance system, the compulsory endowment, the medical insurance system overall planning level is low, the long-term care service legal safeguard system becomes the blank. The disabled elderly only have pension and medical insurance, which leads to the disabled elderly pension and medical care can not be the corresponding protection; The coverage of social assistance and welfare system is narrow, only a very small number of disabled elderly can get assistance, and there is no protection for the majority of disabled elderly; The family pension function has declined rapidly for various reasons and has been unable to independently support the burden of care for the disabled: the new type of socialized old-age care service has not yet been established, is still in the stage of slow development, and the cost of the service is also very high. As a result, the majority of disabled elderly refused to choose pension services. The demand for long-term care for the disabled elderly is increasing, the countermeasures are relatively lagging behind, the lack of relevant laws and policies, and the slow construction of socialized old-age service institutions, these objective factors hinder the promotion of the overall security system. In order to solve the plight faced by the disabled elderly, our country requires the government to issue relevant policies and to establish a long-term care and security system for the disabled elderly, which is shared by the government, society, families and individuals. The practice of long-term care for disabled elderly in some areas of China has exposed many irreconcilable problems caused by the lack of legal system of long-term care protection. In solving the problem of long-term care for the disabled, the United States, Japan and Singapore have accumulated rich experience in the areas of coverage, fund raising, supervision and management system and service providers. While drawing lessons from the effective measures of foreign developed countries, China should establish a legalized long-term care guarantee system to suit the social and economic development state and social background of our country. The government should play a leading role in the operation mechanism of the legal security system of long-term care for the disabled elderly. The state should, while speeding up legislation, supervise the implementation of the system so as to promote the standardization and perfection of the long-term care security system. To stabilize the social environment of legal system in order to establish a perfect legal protection system of long term care for the disabled elderly.
【学位授予单位】：南京工业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D669.6

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