新时代我国养老服务机构法治化反思

Reflections on the Rule of Law in China’s Old-Age Service Institutions in the New Era

随着依法治国在各领域持续深入推进,养老领域中养老服务机构的法治化具有时代必要。然而,一直以来,养老服务机构治理主要是内部管理自治与相关行政部门监管相结合,未充分运用法治思维和法治手段介入治理,养老服务机构法治原则与治理实践在各环节上未能紧密融合,严重影响法治效能发挥。鉴于目前我国各地养老服务机构法治化水平存在差异,应在立法、执法、司法、守法普法环节对养老服务机构法治化进行困境剖析,有针对性提出相应化解之策,促使新时代养老服务机构运营规范,更有力地保障入住老人权益。

With the continuous and in-depth advancement of the rule of law in various fields,the rule of law in the old-age service institutions is necessary.However,the governance of the old-age service institutions has been mainly carried out by combining internal management autonomy with the supervision of relevant administrative departments.The leading use of rule of law thinking in governance and the rule of law means has been insufficient.The endowment service principle of the rule of law and governance practices has failed to make closer integration on each link,seriously affecting the effectiveness of the rule of law.In view of the differences in the level of the rule of law in various parts of China,we should analyze the plight of the rule of law in the old-age services in such aspects as of legislation,law enforcement,justice,and law-abiding and popularizing the law,and propose corresponding solutions to promote standandized operation of old-age services in the new era as well as effectively protect the rights and interests of the elderly.