Research On The Responsibility Of The Elderly Of Home Pension Services Contract Subject

Population aging process in China is accelerating and pension issues becomeincreasingly prominent. Government purchase of pension service is the way to solve thepension problem, which is taken fully use of social resources, introduced marketcompetition and contract to enhance government efficiency. Government，pension serviceprovider and the elder are the contract parties. By introducing the theory of the third partyinterest contract and analyzing the legal relationship among them, we conclude that whatlegal responsibility they should be followed. The article adopts the method of comparativeanalysis and literature analysis to define the government responsibility. It is concluded thatthe government responsibility of breach of contract method has a certain particularity andunder certain conditions the government should bear the supplement liability for the elderly.By case analysis, on the base of combing endowment service provider and dispute in theelderly, connecting with the current laws and regulations, we analyze the responsibility ofthe pension provider.The article has four parts besides the frontier and the conclusion，the first chapterelaborates home care service contract and their legal relationship. In this paper, the theoryof a third party interest contract and the particularity of parties and services of Governmentpurchase of pension service offer the theory foundation for what legal responsibility theyshould be bear.Second chapter analyses government’s legal responsibility. There are two aspects, oneis contract remedy when government breach the contract, the other is what legalresponsibility government should be bear when pension service provider against the elderly.Through the study, we found that government’s contract remedy has predicament. On thisbasis, by controlling government behavior in the pre and post and building up GovernmentLiquidated Damages Fund to improve the government of contract remedies and maintainthe government’s credibility. After the pension provider against the elderly, the governmentshould bear the added responsibility based on the theory of state guarantees and the theoryof German about public-private cooperation, which will fill the elderly damage.The third chapter discusses the legal responsibility of the provider of pensionservices..Based on the government and pension services provider contract particularity, if itviolates the corresponding special obligations, such as information disclosure, acceptinggovernment supervision, it should bear the responsibility. In the pension provider’srelationship with the elderly, to distinguish whether the contract or not, we define theresponsibilities of pension service provider from the perspective of concurrence of tort andbreach of contract and the contract for the benefit of a third person perspective. The fourth chapter discusses the legal responsibility of the elderly from the elderly onthe government’s responsibility and the elderly on the pension service provider’sresponsibility. In the interests of a third party contract theory, the government and theelderly are on the price relationship. If the elderly takes deception and enjoys the benefit ofgovernment purchasing home services, it constitutes unjust enrichment. If the elderlyviolates contractual collateral obligation which based on the principle of good faith, he doesnot bear the responsibility. However, if he against the legitimate rights and interests ofprovider, he should bear tort liability based on the tort law.