论我国社区照管制度及其法治安排

纵观我国历史,养老主要依托家庭进行,国家只对鳏寡孤独承担补充责任。但20世纪70年代以降,由老龄化、家庭结构变化及异地工作等多因素作用,致传统养老模式嬗变,家庭养老功能逐步丧失,但国家补充角色并未改变,养老危机严重,新制度更生需求迫切。立足我国国情,借鉴英国社区照顾制度与德国照管制度,从社区照管制度的基本内涵、法治安排的必要性与基本逻辑三个方面分析解决我国养老问题的更生制度问题。

On community care system and its legal arrangement in China

Throughout Chinese history, supporting aged people mostly relies on families, while the state only bears additional responsibility for the widower, the widow, the orphan and the childless. But since 1970s, the mode of supporting aged people changed due to the influence of multiple factors, such as the aging population, the change of family structure, the off-site work, etc. The function of supporting aged people of family lost gradually, while the additional role of the state is not changed, which lead to severe crisis of supporting aged people and urgently need the producing of new institution. Based on national conditions of China, the institutions of community care in Britain and Germany are referenced. The new institution of solving the problem of supporting aged people in China is analyzed from three aspects of the basic concept of community care system, the necessity of legal arrangement, and the basic logic of legal arrangement.