Research On The Legal System Of Government Purchase Home-based Care Services

Government purchase home-based care services is an innovative way of supplying pension services, emphasizing the role and functions of the government from the service “provider” to “buyer”. By introducing social and market forces, it opened social pension services market and changed the government's monopoly on the supply of pension services. This institutional arrangement introducing market competition mechanism can not only improve the level and efficiency of pension services but also promote the development of the elderly service industry and the upgrading of industrial structure. In the early stage of Chinese government purchase home-based care services, the main mode of practice is non-competitive purchase that service takers directly designated or entrusted by the government. In legislation and judicature practice, the legal relationship between subjects is unclear, the purchasing behavior is lacking of basis for the standardization, the legal rights of beneficiary can't be guaranteed. In order to protect and promote its sustainable and healthy development, it need to be studied from the legal perspective and perfect the relevant legal system construction. This paper first clear the legal nature of government purchase of home-based care services, and then analyze the legal problems of current system. At last, put forward opinions and suggestions for our legal system construction by drawing on the successful experience of the United States legal system.Apart from Introduction and Conclusion, this article divides into four parts.The first part of this paper is about the legal nature and legal relationship analysis of the government purchase home-based care services. Government purchase home-based care services is that government let the qualified social forces provide the home-based care services, give required supervision and pay for the service as agreed. The legal relationship simultaneously has public and private property, including regulatory and contractual relationships, special in the subject, content and object.The second part of this paper gives a detailed analysis of the legal problems in practice.Through the analysis of the legislation and judicature practice, it found that the main legal issues including that legal property is dispute, subject relationship is unclear, purchase process is lack of standardization,right relief mechanism is unsound.The third part of this paper investigates the institutional background, the contents of legal system and then learns the successful experience of United States government purchase home-based care services. By introducting the production and development process and investigating the system of legal subject,purchase process,legal supervision,dispute resolution mechanism,it can sum up many experiences worth to be learned by our country, including the clear relationship between subjects, the standard procedure of its processes, the strict legal supervision.The fourth part of this paper put forward the perfect path of the legal system.Including clear legal basis,improve the legal subject system,standard purchase process,perfect dispute prevention and settlement mechanism.