Home-Based Care Services Vouchers From The Perspective Of Administrative Law

In order to cope with the social pressure of aging population of the elderly in our country, the institution arrangement of home-based care services vouchers,as a way of administrative management innovation, has been extended to various cities in China.In the perspective of administrative law, this model is essentially a form of government purchase of public services under the welfare privatization trend.On the legal attribute, it is a blend of several administrative activities, such as administrative contract, administrative payment, administrative investigation and so on. In practice, there is risk of lack of regulatory responsibilities, public interest, contract management consciousness, and legal regulation. Therefore, it is necessary to review the new administrative management within the legal framework. This article takes the " three subjects "framework as the starting point of the legal relationship analysis, and demonstrates how to improve the institution mainly based on the distribution of the rights and obligations, administrative behavior regulation and administrative procedure.The first part of this article describes the background of home-based care services vouchers. The article firstly illustrate the urgency of an aging population in our country, secondly explains the realistic demand of home-based care service, finally analysis the nature, significance and role of home-based care service vouchers.The second part describes the practice of home-based care service vouchers in China, combs the specific policies, pilot experience and operating mode of Beijing, Shanghai, Shengzhen, and focuses on Hangzhou model’s superiorities:the evaluation process, the inform procedure supervision mechanisms and the other administrative procedures.The third part reviews the implementation of home-based care service vouchers in practical lever, focus attention on three problems:the change of Government function leading to lack of regulatory responsibilities, the imbalance between the profit-driven nature of service providers and the interests of the public and society,and lacking of administrative contract management consciousness.The fourth part puts forward suggestions to improve the institution,: firstly establish a reasonable allocation of the rights and duties between the government and the service providers, secondly regulate the administrative behavior from both substantial law and procedure law, especially information publication, public involvement and restitution procedure of abuse of home-based care services vouchers.The article finally point out a good way to cope with this livelihoods issue is to enhance whole social welfare, not only rely on the administrative law. But do research on the home-based care services vouchers can reflect a trend and direction of the administrative law theory innovation,that is, social welfare privatization and Public-Private Partnerships.