Research On Contract Legal Relationship Of Community Service For The Elderly

With the development of an aging society, eldly services in the entire nationaleconomy and social life is increasingly important, around which the dispute hasgradually increased, in particular community care service is a growing interest incorresponding with this, the traditional civil law or norms of contract law is still ableto adapt to this new social activities for community care services, has become one ofthe important research topic of modern contract law.Community care refers to the elderly living in their own communities, live in thecommunity and be taken care of, especially family as the core of the community as aplatform to the main content of the daily life of elderly care, medical care, pensionmode. Community care services to make up for the lack of family pension, reducingthe pressure and burden of the children at the same time solve the problem of lack ofspiritual comfort for the elderly in the aged.Community care service contract as a service contract, are atypical contracts.Means provided by the various civil entities, to give a specific range of beneficiaries-the elderly in the community paid or unpaid pension services contract. Analysis of“the contents of the decision said”,“mixed contract said”,“delegate orquasi-commissioned said”, drawn on the identification of the nature of its contractshould be based on the contract, the main benefit obligation, the main parties of thedesired and the specific elements of the comprehensive judgment.According to the main body of the community care service contract, the paymentobligations of the different can be divided into two patterns of community care type ofgovernment procurement pension service contract. Typical case, the parties areunwilling to resort to legal channels is mainly due to worry about their weak position,litigation costs, and difficult to judge of service flaws.Community care for these two samples of the type of government procurementpension services contract specific content difference is larger, therefore the nature ofthe contract, as well as various civil entities constitute a contractual legal relationshiprights, obligations and responsibility vary. This article that the community take care of care service contract is a contract the scope of the contract; principal civil status ofcommunity residents’ committees or pension service center as a service provider withillegal organizations; the elderly, whether with full civil capacity will not affect itsbecome the main body of the contract, to determine the defects of the community careservice contract standard is a negative contrast neighborhood or community servicecenters, service obligations and the actual provision of service differentiation. Thesame time, government procurement pension service contract with administrative lawcharacteristics of the civil nature of the contract, analysis of government procurementpension services contract is commissioned by the scope of the contract and the natureof the interests of a third party contract from the Government’s principal civil status,the qualification of non-governmental organizations to provide pension services anddetermine elderly care service to the recipient by the three aspects of the main body ofthe government procurement pension service contract, and discusses their rights,obligations and non-governmental organizations and the Government’s contractualobligations.