Legal Study On China's Community Care Services For The Aged

With the continuous progress of human civilization and the development of human society,aging of populations has become an inevitable social phenomenon.Nowadays,aging of population phenomenon is not only an issue of a country or a region.It will be evolved into a global social problem.China already is an aging of population country.Social problems caused by aging population are becoming more and more serious.Because of the present condition of China,the development situation of Chinese aging populations is different from other countries and regions which highlight in big aging population base,fast development,aging before getting rich,obvious empty-nested phenomenon,etc.Population aging has a huge influence on our social economy as well as seriously impact the old-age service system in our country.However,the traditional family and social supporting are faced with a difficult condition which cannot adapt to the develop tendency of our modern supporting.In this context,Community aged care model becomes a relatively economic and affordable supporting model.However,as a new supporting model for the aged,Community aged care model would certainly have some defect in its early development.The old-age service system in China is mostly ruled by administrative rules and regulations at present.It is so far cry from the real need of legislation and normalization.The inner deficiency in legislation resources,legislation publicity and democracy results in a higher probability of arising defect in legislation progress.Additionally,social old-age supporting laws and regulations system lacks its inner logic structure and supporting convergence.And these deficiencies would certainly take away from its operability and timeliness in implementation process.So the elderly-care policy would be more possible failure to be implemented or not reach the designated position,especially to implement some preferential policy such as land grant,credit,revenue,city construction,public service and so on.For the sake of a more comprehensive philosophy of community aged care model,providing legal guarantee to guaranteeing the old people's legal rights,this article will analysis this aged care model from the legal perspective and present legal guarantee recommendations.It will be elaborated from the following several aspects:The first part,as an introduction to the current social aging trend of the study of community pension service model background and significance,and the current domestic and foreign community on the status of the development of pension services and academic research results are reviewed.The second part,the basic theory of community pension services,including the connotation of community pension services and the reality of the implementation of the two parts in China.The connotation is partly from the perspective of the generation and development history,concept,content and characteristics of the community pension service,and it is analyzed with the relevant concepts in order to give a more comprehensive and in-depth analysis of the community pension service model.Then,it analyzes the realistic basis of the active implementation of the model of community pension service in China: it has the necessity and feasibility of reality.The third to fifth departments are the core of this paper,that is,the most prominent three legal issues in the process of community pension service: legal issues before the contract,the legal issues in the matter,the subsequent litigation legal issues.The third part analyzes the nature and legislative basis of the contract service contract of the community,and discusses the establishment of the contract rights and obligations and the identification of the liability for breach of contract from different subjective angles.It points out that the current process of seeking the standardization of the service contract and the corresponding legal countermeasures.The fourth part analyzes the practical dilemma and administrative law enforcement errors faced by the process of community pension service,and starts from the aspects of law enforcement idea,system implementation,supervision and management,management assistance and so on.At the same time,according to the problems in reality,Legal countermeasures.The fifth part studies the cases of litigation disputes caused by community service in the process of judicial practice,summarizes the main controversy of the litigation,and finds out the characteristics of the types of litigation.Finally,according to the current judicial environment and litigation policy,put forward a legal and efficient solution to such litigation disputes legal countermeasures.Finally,summarize the full text,face the current reality of China's aging society,re-examine the status of legal protection of community pension services,combined with the background of the rule of law,to strengthen the community pension service legal protection direction.