论老龄化背景下家庭养老的法制保障及完善路径

On Legal Protection and Perfecting Path of Family Pension under the Background of Aging

提高家庭承载养老责任的能力是我国积极应对老龄化的必要举措。在家庭养老危机逐步暴露后,国家通过不断调整公私法和社会法规范,试图从各个角度加强对家庭养老功能的维护。但是,家庭成员养老责任的法定形式和内容仍然不尽完备,老年人家庭养老权益的社会性保障依然薄弱。欲推动家庭在现代化转型阶段实现新时代养老美德的理想模式再生,需要回归家庭伦理面向,进一步优化家庭养老责任立法规范体系,以凝聚价值共识,积极展开家庭养老支持政策法规实践探索,以达至重塑家庭养老功能的整体目标。

Improving the family ability to shoulder the responsibility for the aged is the necessary measure to deal with the aging actively in our country. After the family pension crisis was gradually exposed, the public-private law and social law norms were constantly adjusted to strengthen the maintenance of the family pension function from various angles. However, the legal form and content of family members’ old-age responsibility is not complete, and the non-judicial mechanism cannot really play its advantages in the mediation of family old-age disputes because of insufficient empowerment. The social protection of the elderly family pension rights and interests is still weak. In order to promote the family to realize the ideal model of the new era of old-age virtue in the stage of modernization transformation, it is necessary to return to the family ethics, further optimize the legislative and normative system of family old-age responsibility to clarify the form and content of family members’ old-age responsibility, give full play to the value of justice, define the authority and effectiveness of social subjects to intervene in family affairs, and explore the family old-age support policies and regulations actively to achieve the overall goal of reshaping the family old-age function.