On The Legal Relationship Of Mutual Endowment Service Contract Under The Mode Of "Time Bank"

China has entered the aging society, with the growth significantly speeding up and the degree deepening. Aging problems bring the concerns of economic transformation, social transformation, cultural transformation, which makes the problems more difficult to be tackled with. Responding to such grim aging situation, changing traditional pattern of old-age care is the key solution. Thus, according to the particular context of aging in China, our country has launched policy under the concept of “home-based care”. At the same time, local governments actively promote and develop their home-based care models adjusting to local conditions. Home-based mutual supportmodel is one of them. This model promotes mutual help among the elderly, so asto achieve the purpose of old-age care. This model not only eases the pressure of endowment shortage, but also cultivates a sense of security to allow older people toappreciate the fun of being cared about. However, this traditional home-based mutual support model is not doing well, due to the lack of sustainability. In order to make this model run well, where the key solution is to maintain its sustainability, thuswe notice the “Time Bank” and appeal it to be applied in this model.“Time Bank” Old-age Care Model inherits the advantages of traditional home-based mutual support model, but innovative. Namely,“Time Bank” serves as intermediary to promotethe development of mutual support model and make it to be sustainable. Becauseof this, the research on “Time Bank” plays a vital role in home-based mutual support model development.Currently, most scholars study the “Time Bank” from the perspective of sociology andeconomics; the main study includes the origin, definition, substance, operation model,existing problems of “Time Bank” and conception of mutual support model under “TimeBank”, etc. Nevertheless, articles that analyze these problems from the perspective oflegality are rare, or unsystematic at least. Given this, on the basis of existing studies, thispaper explores mutual support model under “Time Bank” from the perspective ofcontractual legal relationship, hoping to become the guidance in studying this problem. Tobegin with, this paper describes existence and operation of mutual support model under“Time Bank” concept combined with relevant theories, so as to define the meaning of thecontract in this model. Secondly, this paper introduces various theories about the nature oflegal relationship in mutual support contact under “Time Bank”. It also assesses the contactby applying relevant theories and legal basis. Therefore, we conclude that, under “timebank” model, the mutual support service contact is a simultaneous contract combining bothmeditative commission contract and employment contract Finally, from legal relationshipperspective, this paper utilizes aforementioned two contacts as a clue to discusses the rights and obligations that should be entitled by the subjects, objects and other parties in mutualsupport service contact under “Time Bank” model. As for subjects, this paper mainlydiscusses the scope of the contact and the legal status in the agreement. As for objects, thispaper mainly concentrates on what exactly the objects in the contact are. Is it a service or aperiod of time or a commitment in the future? As for rights and obligations, this papermainly explores the various specific details that should be entitled or performed by differentparties in two contacts.Under “Time Bank” model, the legal research on mutual support model is conductive inpromoting the development of old-age care model, which is useful to ease the China’s grimold-age care situation and to solve our pension problem. In order to clarify the rights andobligations of different parties under this model as well as to provide a clear legal basis forsafeguarding their legitimate rights and interests, this paper studies the legal relationship ofmutual support contract under the “time bank” model.