Research On Perfecting The Legal System Of Elderly Care Services That Government Purchase

Influenced by the family planning policy, China’s aging process being accelerating in the 20th century. The "silver age" is coming, elderly care has become an important issue relating to people’s livelihood. China’s economic has restructuring in recent years. The family structure becomes 4-2-1. Elderly support function of traditional family is reducing. In addition to a serious shortage of institutional Elderly care resources, leading to the elderly care problem faces enormous challenges. In April 2009, the Ministry of Civil Affairs issued [2009] No.145 document. It requires the performance of a nationwide "Community Welfare Service for Elderly Starlight Plan" This opens up a new chapter in the pension model, community home care service model rise gradually. September 3,2014, the Ministry of Finance, National Development and Reform Commission, Ministry of Civil Affairs, the National Committee on Ageing issued a document about accelerate the deployment of government purchase of pension services. The document states that by 2020, China will basically established a relatively complete system of government purchase pension services to promote the completion of comprehensive, appropriate scale, covering urban and rural old-age service system.Government purchases home care service is a new type of pension services, the government response for the purchase. Social organizations is responsible for providing elderly care services. It reflects the social management innovation, specifically speaking, refers it is the government that transfers its public pension service function to the qualified organization. The Government established regular pension service contract with these organizations under market standards and pay the price after assessment and acceptance.Study on the Legal System of Government purchase home care services, should made clearly about purchase main body, the scope of purchase, purchase objects, sources of funds, purchasing, regulatory measures, performance evaluation and other fundamental issues. On the basis of the purchase law of home care services, the subject and object of government purchase pension services should be given scientific positioning; the purchased content and method should be explicated; Clarify Evaluation Mechanism; we should also be proposed to improve the social tissue growth and development environment, promoting social organization nurture and improve the social organizations ’assessment and government’s responsibilities.In this paper, I took the legal system of governments purchase home care services as the core, reference to the relevant laws and regulations to spreads this research. The first part is an introduction, an overview of the government purchase home elderly care services research, the main idea of the study and significance of the research. The second part is the theories overview. I elaborate three concepts:Government procurement of public services; government purchase home care services; home care these; analyze government procurement of public services as well as the inevitability of government purchase home care services, the main content and features of home care services be described too.The third part states the legal relationship and legal responsibility of participates in government purchase. It defined the legal nature of the relationship of the government purchase home care services is civil legal relationship. The fourth part is the current legal situation and the issue of purchase of home care services. In this section, the author summarized the current government procurements and relevant laws and regulations. are buy home care services to the actual situation, analysis of existing laws and regulations to regulate government purchases home based on our current situation and the government enough problems pension services. According to China’s national conditions and the actual situation of the current government purchase home care services, analysis of existing laws and regulations to regulate government purchases home care services problems. The fifth part is the foreign government purchase home care legal experience and inspiration. This paper selects the US, UK, and Japan. The three countries is relatively developed countries. Its degree of aging relatively high, they has more experience and lessons learned.in dealing an aging crisis. By analyzing these countries’ government in purchase home care services in the legal system, compared to China’s current implementation of the government purchase of home care services, to explore the experience for our country. The sixth part is about perfecting our country Government Services for the Aged purchase legal system. Aim at proposed amendments of "Government Procurement Law", "elderly Protection Act" according to China’s current legal situation for the government purchase home care services. In addition, I put forward purchase services and methods to improve legal protection from the classification purchase, flexible use of various purchase ways. services of the elderly should pay attention to feedback from outside. To raise funds specifically to strengthen the legal protection from the expansion of the government’s fiscal investment and encourage more channels. Improving the legal and regulatory measures from establish scientific performance evaluation system, improve the legal system purchase information disclosure, improve the pension service market access and improve the legal system of supervision and guarantee mechanism proposed measures.