家庭照护社会支持的规范构造与实现路径OA

Against the backdrop of escalating demographic aging and disability,the role of family caregiving is diminishing due to the expanding notion of the socialization of care responsibilities.Current law embeds family caregiving within private law obligations such as duty of support,defining it as an internal family matter.This not only obscures the public value and social nature of family caregiving,but also frequently leads to the neglect of the independent legal status and interests needs of family caregivers.The normative construction of social support for family caregiving is premised on breaking through its traditional privatized legal positioning.Theoretically,it is necessary to clarify its public nature in responding to systemic social risks at the jurisprudential level,and to establish the core concept of enabling rather than substituting.In practice,guided by this theory,a multi-actor collaborative support system with clearly defined rights and responsibilities for the state,society,the market,and the family must be established.The concrete implementation pathway lies in establishing the independent legal subject status of caregivers through top-level legislation,and endowing them with substantive rights such as financial compensation,respite services,and employment assistance,while scientifically defining the boundaries of their obligations.Ultimately,with a unified long-term care insurance system serving as the pivot,a multi-dimensional collaborative support network should be built,transforming family caregiving into a socially valued and sustainable social undertaking.