The Protection of Family Caregivers’ Economic Security in Old Age

• Main Authors: Wei-LunTseng, 曾偉倫
• Other Authors: We-In Tsai
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/45438244138557187476

碩士 === 國立成功大學 === 法律學系 === 101 === This paper focuses on the protection of family caregivers’ economic security in old age, especially the most relevant legal system of the pension benefits in social insurance. Family caregivers have existed in family and society for a long time, but the protections of their economic security in old age are ignored in Taiwan’s legal system. To explaining why family caregivers have the needs of economic security in old age and check with the constitutional standards whether the pension benefits in social insurance is enough to protect their economic security in old age, this paper will divide in three paragraphs to solve this problem. First, we will use derivative dependency to explain the economical dependant situation of family caregivers and the needs of economic security in old age. And the protection model we choose is to transform the value of the dependency work into constructing a legal position of protecting economic security in old age. Second, we will try to find the constitutional standards of checking and constructing the legal system of protecting economic security in old age. In this part, the human right like the right of survival, property, marriage and family, and the protection of equality plays an important law, especially when it combines with the principle of social state. We will explain how they cooperate or conflict with each other. Third, we will make some suggestions on the protection of family caregivers’ economic security in old age. There are two different parts in this paragraph. One is for the constructions of new legal systems, like evaluating the probability of protecting economic security in old age in Civil Code and putting the right of old-age pension benefits into the system of distribution or the reminder of the property when divorce. Another is for reversing the current legal system of the pension benefits to meet the protection model we choose.