构建我国老年法学学科和老年法体系初探

The Primary Exploration on the Subjects Construction of Senior Citizen Law and the System of Senior Citizen Law

我国业已步入老龄化社会,加强老年法学研究,意义重大。老年法学以存在于老年领域法律现象及其发展规律为对象,内容包括老年法与老年法学的基本理论、具体法规内容及比较研究等,以构建系统、完整的老年法学学科体系。就老年立法来讲,国外相对先进的老年立法模式可概括为单独立法模式和分散立法模式两大类,并且各具特色,互有优势。我国老年法立法从历史上看起步较早,但直到改革开放后,才有了较快发展,制定了专门的老年人权益保障法并做了修改。尽管如此,仍存在覆盖面不广、缺乏科学性和不能完全适应人口老龄化形势需要的问题,需要在立法思路上作出调整,本着既着眼于当前需要、又考虑长远发展,并充分借鉴国外立法经验的原则,在养老保险、老年医疗保险、老年社会救济、老年事业发展、禁止就业年龄歧视,以及家庭赡养等诸多立法领域入手,制定完整配套的法律法规,切实完善老年法律法规体系。

It is significant to strengthen the study of senior citizen law as China has entered intoan aging society.development exisThe objects of senior citizen law are legal phenomenon and law ofting in the filed of senior citizen. The contents of senior citizen lawinclude the basic theory , specific regulations and comparative study of senior citizenlaw. As for the legislation for senior citizens, the relatively advanced legislationmode for the senior citizens in the foreign countries can be summarized as twocategories： individual legislation mode and decentralized legislation mode and eachhas itsstartedpolicyseniorown characteristics and advantages. Although legislation of senior citizen lawearlier from the history in our country, it has developed rapidly after theof opening up and reform. Special law of rights and interests safeguard for thecitizens has been formulated and revised. Nevertheless, there are stillproblems such as less coverage and lack of scientificalness as well as failure to meetthe needs of the situation of aging population. The way of legislation must be madeadjustment accordingly. The legislation principles should not only focus on thecurrent needs but also consider a long-term development. At the same time, weshould use foreign legislation experience for reference. The senior citizen law shouldinclude the following contents： endowment insurance, medical insurance, socialrelief , career development and prohibition of age discrimination in employment. Afull set of law and regulation for the senor citizens should be formulated to effectivelyimprove the system of senior citizen law.