Study On Disabled Elders’social Long-term Care Insurance System In Cities Of China

The acceleration of Chinese aging development brings a series of social problems, among them, the development of the chronic diseases and rapid improvement of old population will lead to the disabled elders surge phenomenon, the problem for long-term care will become social risks, at the same time, the survival of disabled elders required the sustainability of life care for a long time, thus it becomes necessary to solve the long-term care problem of disabled elders. On the other hand, transfer of labor force, the implementation of the one-child policy, the miniaturization of family size, make the traditional family care mode have already can’t support the supply of disabled elders’ long-term care system. Based on the research on the legal system of social long-term care insurance, this paper hopes that using the experience of Germany and Japan and establishing legal system of social long-term care insurance in our country can provide some beneficial inspiration to solve the social contradictions of our country.This paper can be divided into five parts:The first part:the theory about long-term care insurance. This part identifies the definition of long-term care and long-term care insurance to define the scope of this paper’s object, and expounds the political, economic, social and system function of social long-term care insurance.The second part:The necessity of establishing legal system of social long-term care insurance. This part analyzes the shortage of the existing social insurance system, the defect of social assistance and commercial insurance pattern, concludes that social insurance model conclusion must be taken to solve the problem of disabled elders’ long-term care, and expatiates the advantage of the social insurance model for further argument.The third part:Analysis of the legal, moral, realistic and practical foundation about disabled elders’social long-term care insurance system. The micro aspect of legal basis, social security system is different from other legal system, it is a preventive protection of right to life. Establishing a long-term care social insurance system can fully realize the disabled elders’right to life, but with the development of the society, it is the meaning of right to life to make the people do have the dignity of life in contemporary society; Macro aspects, it is a reflection of national responsibility to ensure the long-term care supplies for disabled elders, and is also the inevitable requirement of the social justice. The social value of respecting for the disabled elders constitutes moral foundation to establish the system. Under the background of aging population, the family function gradually weakened, they can’t afford to support disabled elders’ long-term care, which constitutes the realistic foundation to establish the system. Finally, the exploration in central and local area constitutes the practical foundation.The fourth part:the foreign legal system of social long-term care insurance and enlightenment to our country. This section mainly generalizes the social long-term care insurance system in Germany and Japan, and gains some apocalypses in macro aspects by comparing the two countries. Propose legislation, and fully consider the environment of the legal culture, the level of economic development and the combination of social security system, the paper suggests adding welfare pluralism into the system.The fifth part:the legislation principles and content of disabled elders’social long-term care insurance system. The suitability principle requires the establishment of the system in China must be adapted to the situation of our country, the key is to adapt to our country’s level of economic development, provide reasonable funding level and level of long-term care service; Difference principle requires establishing a system which have difference in content but consistency in pattern, defines reasonable standards around the financing and the way of treatment to pay; Complementary principle requires long-term care insurance system must be the supplement of social security system, follows the medical insurance system to establish and reduce costs to achieve the purpose of resource integration. The content puts forward the preliminary configuration by drawing lessons from the long-term care insurance system in Germany and Japan. The application of the insurance object should be mainly concentrated in the elderly population. Insurance fund-raising shall establish a social aid system which is charged with country, corporate and individual, and adhere to the partial accumulation model, raise three standards for eastern, central and western areas. Insurance funds management should set up provincial plan as a whole management system and attention to separate from the medical insurance fund. The insurance payment should be focused on the disability condition, establish strict nursing hierarchy and link up with the insurance payment, payment method in eastern and central area is given priority to provide care service and western areas for cash payment. It should adopt a combination of copayment rationale and lump-sum rationale to control the care insurance cost, and use this method to guide the direction of home care. The supply of care service should establish a government-led public nursing service. Finally, the system should clear legal responsibility to guarantee long-term care insurance system run smoothly.