Abstract: The construction and development of smart elderly care as a new mode is a systemic engineering，requiring good laws and regulations as institutional support. From the perspective of law，smart elderly care has the features including multiple legal bodies，rise of cyberspace rights，complexity of legal relation?ship，multiple government roles and various regulating measures. The current related policies are character?istic of the time and rich in content and reflect departmental collaborations，but they are fragmented and their execution is unsatisfactory. From now on，attention should be paid to standardizing and systemizing policies；the status of the policies should be enhanced through legislation to ensure that they are properly implemented. At the same time，we should explore the positive factors of traditional filial piety and learn from the mature practices of other countries，so as to promote the institutional construction of China’s smart elderly care.

Key words: ageing of population, home-based care, smart elderly care, legal characteristics, elderlycare policy, institutional support