我国长期护理保险制度的立法保障研究

On the Legislative Guarantee of Long-term Care Insurance

长期护理保险制度是我国在尚不富裕的背景下应对老龄化、高龄化的重要制度。为避免制度的碎片化可能衍生的新的社会不公,促进公民社会养老权的平等保护,宜通过立法确认长期护理保险制度的社会保险性质,设定长期护理保险之保险人、被保险人和保险辅助人之间的法律关系,厘定长期护理保险统一费率及其动态调整机制,完善长期护理保险监管机制等。我国长期护理保险立法还应当为多层次长期护理保险体系的建立预留空间,形成以长期护理社会保险为基础,以团体参与的长期护理保险为补充和以个人自愿参加的长期护理商业保险为强化的多层次长期护理保险制度体系,最大限度满足失能老人的长期护理服务需求。

Long-term care insurance is a reasonable institutional design for China to better meet the needs of the aged who has lost their ability to live independently or suffer from dementia. To guarantee the fair protection of the aged’s rights to social care service, it is suggested that the government legally recognize long-term care insurance as social security, clarify the rights and obligations of the parties involved and establish a sound regulation mechanism. In addition, it is also highly suggested that the long-term care insurance legislation integrate and enhance the development of multi-level long-term care insurance system so as to better meet the needs of care service of the aged in different health and economic conditions.