Research On The Construction Of Legal System Of Aging Nursing Insurance In China

Since the end of 20 th century, our country has been stepping into aging society.As times go on,the aging population degree is depended.The nursing problem of elderly has become a difficulty to deal with in China. Rather than cope with it passively; it is better for China to respond it actively. Legal construction is important guarantee for system operation, no exception for elderly care insurance. Elderly care insurance legal system bears positive significance for the old people’s legal right, social equality and justice and social harmony and stability. However, compare with western developed country, the development of China’s elderly care insurance legal system still in a fledgling period, in other words,researches into elderly care insurance legal system, which both systematically and theoretically, are inadequate in China.Resolution is presented in this paper, based on the necessity of elderly care insurance legal system, its main building foundation, the main body system, the premium system, service, payment system, regulatory system and other issues were studied.The second part studies the aging of the urgency of the realistic problems. First through the data analysis shows the urgency of the aging reality problem,introduces the basic medical insurance and pension insurance in China which miss the demand of disability elderly care security problems, finally this paper expounds the importance of building perfect legal system.The third part studies the foundation of elderly care insurance legal system, mainly talk about its legal basis and practical basis. in the part of legal basis, establish the elderly care insurance legal system is the embodiment of the government responsibility(The Constitution Article 45),and it is also conformed to the angle of social pursuit of fairness and justice. So,the author suggest that elderly care insurance in our country should adopt the pattern that "social insurance with priority, commercial insurance is complementary",as the elderly care insurance legal system from the macro as to the category of social law,and through the "insurance law" to solve the problem of commercial care insurance disputes. On the part of the practical basis, based on the fact that "star light plan", the author affirms that "star light plan" had brought about the practical experience, and sums up the problems in the late running "star light plan", such as lack of money supply and high professional quality service.The fourth part mainly discusses the issues of subject of elderly care insurance system.The main body problems includes the management, service institutions and insurance object. On introducing the subject system of typical social care insurance and make a detailed description of the United States commercial care insurance system,the author has carried on the comparative study.The author suggested that we can use the basic medical network system to resolve the problems, and enlarging the scale of the nursing home,attaching great importance to the grass-roots organizations, encouraging and developing the private nursing home care, set up a unified industry standard. On the choice of insurance object, based on the principle of social responsibility and fair, the author suggested that people attend medical treatment insurance over the age of 16 should join the elderly care insurance.The fifth part of elderly care insurance premium pay question has carried on the brief analysis.The author suggested that the elderly care insurance premium for country,enterprise and individual can be taken to elderly care insurance legal system in China’s financing way.The sixth part probe into service payment method of elderly care insurance.The author suggested that used a variety of payment method and detailed expounds the level of nursing assessment process,emphasized the importance of prevention and rehabilitation work.The seventh part will focus on industry regulation system. the author not only studied the industry supervision system of Japan,German and American, also analyzed the choice of industry regulation mode in China, the author suggested that the government should in formulating the unified standard of industry supervision and talent evaluation mechanism,at the same time, they need to open its regulatory situation and accept the supervision of the citizens. As for the legal responsibility, the author suggested to guide the behavior such as lack of insurance, insurance fraud, and service the consequences of a detailed provisions.