Research On The Legal System Of Providing For The Aged In Rural Areas In China

Over the past decade,the number of rural elderly population continues to rise,rural families continue to migrate to younger members of the family and other reasons,making our country into a higher degree of accelerated aging of the rural stage.Rural traditional family pension model has been impacted,the rural five guarantees system is not in the nature of a wide range of promotion and coverage and the possibility of rural pension is facing a new way to seek the requirements.Home care service is a new type of old-age model,based on the family to the pension service agencies will be based on the home pension will be an important means to solve the plight of China's rural pension.At present,the study on the legalization of rural home care service is not enough.This paper studies the legal system of how to construct rural old-age care service through five parts: positive research,textual research,comparative analysis and cross-disciplinary research.The first part,the decline of the traditional family pension,the support system of limitations,as well as empty nesters,the elderly,the elderly increase the number of elderly is the main reason for rural old-age difficulties.The proportion of the elderly population is large,the proportion is high,the speed of increase is fast,and the increase of empty nest is an important feature of the rural population aging at this stage.Home care services in line with China's rural social environment and the elderly real economic situation,follow the rural elderly living and exchanges at the same time,to meet their life care services and basic medical service needs.There are great differences between the rural home care service and the family pension,the institution pension in the responsibility main body,the security level,the service content and so on.Service-oriented government theory,demand-level theory and welfare pluralism theory,but the new period should pay attention to the legal expression of shared development concept.In the second part,the regulation system of home care service in our country has experienced three stages: initiation,legal confirmation and new development."13th Five-Year Plan" after the home care services have been included in the national civil affairs development planning,the national financial support pilot has been launched,pension service market into the system,but the specific forms and steps still need refinement.Beijing to "urban-rural sharing" principle,the development of local laws and regulations,improve the coverage of service terminals,to achieve a greater breakthrough.Zhejiang Jinhua "unification and integration" and "mutual help happy homes" model highlights the local model of rural home care in the exploration of the effectiveness.The third part is based on the above analysis of the status quo and the concept of the current rural home care service system in rural areas facing the obstacles,mainly due to inadequate government co-ordination and legislative follow-up lead to urban and rural areas of justice,the relationship between a variety of old-age pension rights and obligations The lack of financial support and fund-raising mechanism,the united mode of rural medical facilities and old-age service facilities is not perfect,the obstacles of system integration in medical care and integration,the lack of professionals in rural old-age service,The difficulties of social commercial pension service organizations entering the rural market,and the obstruction of social welfare organizations to rural areas.The fourth part,the United States government-led,combined with the principle of social participation,promote the content and way of pension services diversification,but the financial and public opinion pressure and conflict.Japan strengthens the foundation of the family,establishes the basic pension system and the medical security system,constructs the special safeguard legal system of the old people's medical service demand,realizes the social pension contradiction ease.The experience of the United States and Japan,the revelation,should pay attention to the traditional family ethics,vigilance welfare disease,through the medical insurance system to solve the financial difficulties,pension socialization,market-oriented development.The fifth part,we should reform the rural land system,revitalize the value of the contracted land of the rural elderly,legislation to regulate the functions of the government to co-ordinate old-age care,confirm the rural home care service fair development rights.In the legal relations,legislation should be clear the role of the family pension responsibility,build a wide range of old-age service responsibility system.Improve the national financial stratification guarantee legal mechanism,the establishment of rural long-term care insurance system,build social donations and charitable funds to protect the legal protection mechanism.By the State Council to develop administrative regulations,a clear rural old-age medical service center audit,regulatory rules.The construction of the rural old-age service system with the characteristics of "mutual assistance",the formation of market-oriented mechanism for the rural old-age service,the establishment of professional personnel training incentive system,perfect rural public power organization mechanism and form.