数智时代老年人物质帮助权的重构性解释及实现OACHSSCD

In an era marked by both an aging population and the rise of digital intelligence,academic discourse is increasingly focusing on the real-world challenges faced by the elderly in the digital sphere,such as the digital divide and inadequate protection of their rights.While national laws and policies,enacted in response to these academic discussions,have initiated age-friendly transformations through institutional design,their effectiveness is limited.Firstly,these regulations often employ flexible language like"encourage"and"support",lacking clear,actionable legal liability provisions for safeguarding the actual rights of seniors.Secondly,the focus of protection has been on hardware aspects like smart product supply and network infrastructure,failing to adequately address the dual needs of basic survival and sharing development outcomes for the elderly in the digital age.At a deeper level,the issue of protecting the material rights and interests of seniors in the digital era may hinge on whether the constitutional right to material assistance can maintain its efficacy within the context of digital transformation.Traditional approaches to securing this right have primarily relied on social insurance,social assistance,and healthcare systems,serving as a safety net during the eradication of absolute poverty.However,the conventional interpretation of the right to material assistance suffers from two significant limitations:it lags behind societal development and is detached from the current core interests of the elderly.Marxist perspectives on rights and the capability approach provide robust theoretical underpinnings for expanding the interpretation of the right to material assistance.Furthermore,as a fundamental constitutional right,its inherent attributes internally support the feasibility of reconstructing and expanding this right.Through textual and original intent interpretation methods,the scope of material assistance within this right can be extended beyond traditional monetary aid to encompass material benefits such as equipment,technology,conditions,and services.However,this interpretation must not significantly deviate from the constitutional text or the framers'original intent to ensure the basic living standards of the elderly.Additionally,the material benefits included should be clearly defined and reasonable in terms of financial investment and social costs.To translate the reconstructed right to material assistance from text to practice,the functional system of fundamental rights can be utilized to establish the correspondence between this right and state obligations.Firstly,the state's duty to respect entails safeguarding seniors'dignity,ensuring equal access to digital resources,and upholding their right to choose digital resources.Secondly,the state's duty to provide primarily addresses challenges related to seniors'access to and use of digital resources.Thirdly,the state's duty to protect necessitates the refinement of high-level legislation to concretize the protection of seniors'rights and interests,regulate algorithmic discrimination by internet companies,and shield seniors'interests from third-party infringements.