On The Social Long-term Care Insurance Legal System InChina

Population aging is an inevitable phenomenon of economic and social development, it increasingly influences the national social security system, that is, old age security has become the most important system of the entire social security system. The population aging introduces the old-age care, long-term care insurance comes into being at the historic moment. Long-term care refers to those who lose in basic daily life activities ability and need a broad medical, personal and social services for a long period of time because of accident, illness, and weakness. Long-term care insurance is the care for functional impairment. As most countries in the world were suffering the speeding up of aging population structure, long-term care becomes more and more famous.China is one of the world’s most populous countries in the elderly, the population aging is serious. Under the background of aging population increases sharply, the elderly population who need long-term care is also growing. The increasing disabled aging population cannot support the traditional way to take care of elderly by families. The traditional family pension mode cannot satisfy the needs of the elderly, society should shoulder the responsibility to solve the problem of old-age care. Therefore, Qingdao in Shandong province and other places begin to the long-term care insurance practice and take the first step to establish a national long-term care insurance system. Our long-term care insurance practice reflects the difficulties to established long-term care insurance system in our country. We need the government to play a leading role, establish the long-term care insurance system covering the whole country by legislation to protect the care needs of the elderly.Long-term care insurance systems in Germany, Japan, South Korea have different legal rules in coverage, financing method, services benefit, management system, service supply system and so on. Our country should learn from the experience of long-term care insurance practice abroad:First, passes laws and regulations about long-term care insurance; Second, establishes specialized management agencies for long-term care insurance; Third, establishes the long-term care insurance system on the basis of the situation in China.Government plays an important role in the social security system. In the early stage of long-term care insurance system in China, the government should give full play to the leading role, actively absorb the experience of foreign long-term care insurance, combined with the political and economic development level in China, establish a perfect legal system of long-term care insurance. First, long-term care insurance should be a part of’Social Insurance Act of the People’s Republic of China’, and the specific contents of long-term care insurance should be expressed in rules. Second, Long term care insurance legislation in China should follow certain principles: the appropriate principle requires that the long-term care insurance system should fit in the economic development level, the level of social security, and culture traditions of China; overall and differential principle requires that long-term care insurance system should be established by national legislation, and completed by local legislation based on the regional different situations; Complementary principle requires long-term care insurance system as the supplement of social security system in our country. Third, the long-term care insurance follows the basic medical insurance in China and the social insurance administrative department take the power to manage the operation of the insurance; The coverage of long-term care insurance system in China does not distinguish between urban and rural residents; In the insurance fund raising, the long-term care insurance adhere to the "three party" system and determine the insurance premium rate combined with situations in China; In management of insurance funds, the management of long-care insurance fund should be separated to basic medical insurance fund, and focus on increasing the pension funds; In the aspect of care insurance fund payment, government should take pay-as-you-go system and establish strict terms of fund payment level and fund payment standard.Long term care insurance legal system can play a role through the implementation. Government needs to guide the implement of long term care insurance legal system to make sure the system can give full play to the role of social security system. In the nursing insurance treatment payment, the government should give different payments to different areas according to the gap between the rich and the poor; In the provision of long-term care insurance service, government should establish long-term nursing service mode of service multiple institutions and multi-level nursing service; In the aspect of supervision of long-term care insurance, the government should build a supervision mechanism through legislation; The government should build the dispute settlement mechanism and supporting measures for the provisions of the long-term care insurance.The Chinese government promotes and improves the long-term care insurance system, maintains the operation environment for the development of long-term care insurance system through legislation, to achieve the ultimate aim of establish a sound long-term care insurance legal system and solve the pension problem of elderly care.