Construction Logic and Legislation Approach of Long-Term Care Insurance
With the acceleration of China's population aging,the difficulty of adequately meeting the care needs of the elderly has become a social problem that needs to be urgently addressed.In response,China has been actively exploring the establishment ofalong-term care insurance systemand has launched long-term care insurance pilots in 49 cities nationwide.In the future,a unified long-term care insurance system will inevitably be implemented through legislation.However,existing studies have focused on analyzing the legal relations and rule design of the system at the micro level,and there is a lack of research on the basic theory of the system.There is still a lack of in-depth discussion of the theoretical logic and the design of the path for the introduction of the system by legislation.Based on the social background and legitimacy of the construction of the system,this paper introduces the results of sociological research,analyzes existing problems in the current pilot policy documents and pilot practice,and clarifies the system's objectives and functions.At the same time,it adopts the comparative method,and analyzes the rule of law paths of the construction of the system from two major aspects of financing and benefits in light of China's actual national conditions.Compared with previous research,the innovation and expansion of this paper is mainly reflected in the following two aspects.Firstly,it explores the attributes and content of care needs as a new type of social risk,and demonstrates the legitimacy,reasonableness and necessity of constructing such an independent social insurance system in China in the new period.Secondly,it breaks through the shackles of traditional social insurance theories and constructs a new system that is different from the traditional social insurance system from the perspective of the characteristics of the risk of care needs.This paper argues that care needs are a new type of social risk different from conventional social risks,whose risk-bearers include both individuals and families.The goal of system construction should be divided into two levels:The first level is to provide support for the care demanders to obtain a basic life in line with the dignity of humanity,and to promote their self-reliance.The second level is to protect their family members from major losses and enhance the family's ability to provide care.In addition,it is necessary to break through the shackles of traditional social insurance theory,and shift from a single perspective of protection to a broader perspective of second-order protection.This paper argues that the path of system construction should be shifted from the conventional"protection of the rights of the insured"to the second-order structure of"protection of the insured and support for the family".While protecting the individual needs of the care demanders,it should also take into account the need to reduce the burden on families.Specifically,in terms of financing,middle-agedand elderly people should be taken as the target of insurance coverage,and a diversified financing mechanism should be established that includes individuals,employers and the government.In terms of benefits,insurance should be provided for the care needs of insured persons with severe incapacity or dementia,and at the same time,family members who care for the insured persons should be provided with supportive benefits,such as financial compensation,nursing vacations and service support.
long-term carelong-term care insuranceold-age securitycare needsinsurance benefits
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维普
