醫學科技進步使得人類壽命得以延長，進而人口老化成為全球多數國家皆面臨之重要挑戰。因此，德國於1994 年起開辦法定照護保險，將之納入社會保險體系第五大支柱，規範於德國社會保險法第十一編。本文首先從德國社會結構出發，探討開辦健康照護保險之目的。其次，以憲法社會國原則作為基礎，探究照護保險之憲法基礎。其次，闡述德國社會照護保險法之立法及內容，並進一步評價德國照護保險法內容。與德國法律制度相仿之我國，目前正積極從事照護保險之立法工作，故德國立法方式亦有值得效法與借鏡之處。本文將以德國照護保險法作為基礎，提出我國未來立法建議。

The advancement of medication and technology has prolong hominine
life, it made the aging of population became one of the most important
challenges to most countries in the word. For this reason, German has
established Statutory Care Insurance since 1994, bring it into the fith foundation of its social insurance system, and govern in SGB XI. This text will first discuss the social structure of German, to expound the purpose of establishment of Health Care Insurance. Secondary, to take the Principle of the Social State which inside the constitution as a foundation, to consult the the basis of the constitution of Care Insurance. Third, to expand the legislation and the content of German Social Insurance Law, and to go a step further to estimate the content of German Care Insurance Law. Our authority who has a similar law system with German is now legislating Care Insurance Law aggressively,hence the mode of the legislation in German also has its value to followed and modeled. This text will take Social Insurance Law in German as a foundation to bring up some suggestions of future lawmaking.