| In the early 21 st century,digital technology began to emerge in human society,bringing people into a completely new situation.On the one hand,human beings are amazed and immersed in the existence mode of digital modernization brought by it,on the other hand,they are afraid of the future which is being increasingly quantified.In fact,the key to the problem lies in what kind of attitude we take to face and how to regulate and guide the digital society to develop for the better.To protect the rights of the elderly in the context of digital society by law is one of the concerns and responses to this problem.However,the previous research paradigm of integrating the elderly into the numerically vulnerable groups for holistic demonstration is not suitable for the current analysis of the protection of the rights and interests of the elderly.In the aging stage of the population,it is necessary to conduct a separate analysis and demonstration for the elderly.In addition,the differences in the needs of the elderly groups further lead to the generation of intra-group differentiation of the elderly.Therefore,it is necessary to classify the elderly into "digital natives","digital immigrants" and "digital abject" elderly.Then,from the perspective of this type,it summarizes different difficulties faced by various elderly groups in the digital society,such as being trapped in the trap of age discrimination,having no unique digital products,encountering digital traps,lacking external support,encountering digital discrimination,and being difficult to adapt to the basic digital survival mode,so as to provide a realistic basis for subsequent analysis.At the same time,from the perspective of the current situation,the root causes of the elderly group’s deep difficulties in the protection of rights and interests involve many aspects,such as humanistic value,technological alienation and the absence of legal protection.However,the technical and legal factors account for a large proportion,so it is necessary to analyze the root causes of the protection of rights and interests of the elderly in the background of digital society from the technical and legal aspects.It is concluded that the negative effect of technological progress and the digital challenge of law are the main reasons for the damage of the rights and interests of the elderly.In addition,the corresponding predicament management measures must be supported by the value concept at the level of principles,and should adhere to the basic principles of people-oriented,equality and equal emphasis on technical efficiency and social benefits.On this basis,concrete measures are put forward for the legal protection of the rights and interests of the elderly.First,to promote the construction of the legal system related to the elderly,at the macro level,it is necessary to speed up the updating of legal norms,at the specific level,it is necessary to strengthen the slanting protection of the elderly in the digital legislation and add digital rights protection to the existing laws and regulations related to the elderly.Second,we should build a technology filing system and a diversified collaborative supervision mechanism in key fields related to the elderly to strengthen administrative review and law enforcement supervision,and curb the infringement of technology alienation on the rights and interests of the elderly.Thirdly,we should give full play to the refining and supplementary functions of judicial interpretation and guiding case system to improve the existing judicial relief mechanism.At the same time,we should pay attention to simplifying the embedded relief methods of technical subjects and further promoting the reform of relief mechanism suitable for aging so as to comprehensively improve the relief mechanism of the right to aging in our country.So we can balance technological development with social benefits and realize the all-round legal protection of the rights and interests of the elderly in the digital society background. |
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