Legal Issues In The Institutions Endowment Service Contract

According to the international standards,60years old is the symbol of aging, and the aging population has reached200millions now in our country, thus that China has entered into the acute period agingpopulation. Confronted with such a huge amount of old population, together with the miniaturization of family structure, imposes a trend of weak ontraditional family mode providing for the aged. That let the old spend their later years in social institutions has become into one of the effective ways to solve the aging problem in our country. In recent years, the number of pension institutions is increasing, and the occupancy rate keeps going up, which illustrates the the pension services market has a bright future. Institution endowment service contract is the core content of pension services, thus how to have a better understandingof the content of the contract, maintain the legitimate interests of both parties, and effectively prevent and defusethe contract disputesbecome increasingly important. However, due to our country’s imperfect laws related legal system, the institutions endowment service contract was confronted with many difficulties in the process of actual performance, suchcomplicated social contradictions deteriorates year by year and affects the harmonious development of our society.Basing the analysis and researchonsome problems in the institutions endowment service contract, combined with China’s specific national conditions, this paper try to points out the defects of institution endowment service contract. Furthermore, it also puts forward some suggestions. Apart form the introduction and references, the text is divided into four parts:The first part mainly focuses on the basic theories on institutional pension service contract. Firstly, it analyzes the concept of pension service contract, and then compares it withother pension modes and points out that the advantages of institutions endowment. After that, this paper elaboratesin detail the characteristics of the institution endowment service contract, nature, so as to show its particularity. At last it suggests that the institutions endowment service contract should be separated from other civil legislations.The second part mainly talks about the content of the institution endowment service contract and discusses its principal mechanisms, that is, pension institutions, the old, and the old agent, which paves the way for the the following responsibility assumption. The rights and obligations of both parties arethe core part, and pension service is a high-risk industry.Thus it is necessary to clear the scope of each side’s rights and obligations, so as to minimize the endowment service occurrence of disputes. Then it moves totheoretical analysis on the effectiveness, termination and responsibility of the contract. The third part sets two typical cases in practice, and analyze the our country’s laws inadequate ininstitution endowment service contract, such as, lagging legislation, regulations conflict, legal analogy problem and so on. All those may account for the flaws existing during the judicialpractices. The current institution endowment service contract are imperfect, because they cannot clarify each party’s rights and obligations. In addition, the pension institutions’inability of compensation lead to the invalid of the victim’s rights. All those problems exert great effects on the development of this industry.The fourth part puts forward some reasonable suggestions aiming at the above questions, such as legislative perfection, naming the service contract of institution endowment so as to clarify its status in law. And then, some related laws should be set in terms of institutional pension service industries so as to deal with the practical problems.