Research On Digital Social Exclusion Crisis And Legal Response For The Elderly

In the rapidly developing digital age,the imbalance of digital equity between the elderly group and other digital subjects has been sharply highlighted,caused by the uncertainty of the content of digital rights of the elderly group,the digital dependence of social governance and the obstruction of the rights relief.The "elder crisis" needs to be solved urgently,and the legal path is the fundamental solution.Under the analysis framework of social exclusion theory,the digital social exclusion of the elderly is not only the digital inequality in legislation,but also the lack of maintenance of positive rights,as well as the relief difficulties of rights.The decline of the basic ability of the elderly group leads to the lack of digital thinking and digital viability,which then leads to their marginal position in the digital society.However,the current system construction in China has the shortage of legal protection at the level of rights,the problem of "technique intellectual management" protection at the administrative level of the protection of rights and the weakening function of the judicial relief of rights,which cannot fully respond to the demands of the rights protection of the elderly.Based on this,it is necessary to strengthen the legal response of digital social exclusion for the elderly,construct a multi-level and three-dimensional legal protection system in the legalization of rights,and improve the legislative supporting mechanism for the protection of negative rights;At the level of administrative protection of rights,the unity of value rationality and technical rationality in "technique intellectual management" should be realized,the aging approach of "policy and service" should be created,and the supervision in the process of administrative law enforcement should be strengthened;At the level of judicial relief of rights,we should strengthen judicial application,improve judicial assistance,and optimize the operation mechanism of intelligent court,so as to help the elderly to eliminate the rejection of digital society,and boost the implementation of the national positive aging strategy.