老年劳动力法律服务的双重重心及其平衡

老年劳动力法律服务主要通过社会保障制度和就业保障制度来实现。以社会保障为重心的法律服务策略，基于社会撤离理论，为退出劳动市场的老年人提供了丰厚的退休金或养老金，并鼓励提前退休，其在运行中受到了理论拷问和现实紧逼。以就业保障制度为重心的法律服务策略，以活动理论为基础，以推迟退休年龄为核心，延长劳动力的就业期限，并促进“积极老龄化”的实现，但若单纯贯彻该策略，对老年劳动力的身心健康、企业发展、社会发展均有不利影响。我国在实践中寻求双重重心的平衡，将“完善社会保障”作为首要目标，将“保障老年就业”作为应对目前困境的重要办法。克服寻求重心平衡中的困难，还应加强积极老龄观教育，防止年龄歧视，保障平等就业权，多渠道实现养老保障。

The Double Focus and Balance of the Legal Service of Old Labor Force

The legal service of elderly labor force is mainly realized through systems of social security and employment security. Based on the theory of social withdrawal, the legal service strategy with social security as the focus provides generous pension for the elderly who withdraw from the labor market, and encourages early retirement, which is tortured by theory and pressed by reality in its operation. The legal service strategy focusing on the employment security system is based on the activity theory, taking the delaying of the retirement age as the core, extending the employment period of the labor force, and promoting the realization of “active aging”. However, if the strategy is simply implemented, it will have a negative impact on the physical and mental health of the elderly labor force, enterprise development, and social development. Our country seeks the balance of double focuses in practice, takes “improving social security” as the primary goal, and “safeguarding the employment of the elderly” as the important method to deal with the present predicament. In order to overcome the difficulties in seeking balance, the following methods should be taken: to strengthen the education of positive outlook on aging, prevent age discrimination, guarantee equal employment right, and realize old-age security through multiple channels.