Analysis On The Nature And Legal Relationship Of Community Pension Service Contract

According to China’s Statistics Department of statistics showed the number of elderly population,by 2016,China’s 60 years of age or older population has exceeded 200 million,reached 229 million,accounting for the number of the country’s total population is 16.6%,the number of 65 years old and above population accounted for about 10.2% of the total population of the whole country number.It is estimated that by 2020,China’s aging population will reach 1/6 of the total population.The large number of elderly people and the increasing proportion of the elderly population make the pension problem increasingly become a social problem that the country has to solve carefully.At the same time,with the development of social economy,"4+2+1" has become the main type of family structure,a young couple both to work and take care of their children,but also to support both four parents,the pressure of life we can see that the traditional "family pension mode" hard to continue.In addition,affected by the China traditional "filial piety",the elderly or worry about giving their children have a "negative social evaluation unfilial" or for other reasons,reluctant to enter the commercial pension pension.Continue to use the "protection of the rights and interests of the elderly law" advocated in 1996,"relying mainly on family theory" to deal with the protection of the rights and interests of the elderly,the pension problem will become a bottleneck in the further development of China’s economy and society.On the basis of learning from the foreign pension model,social security and public management and other social disciplines rise of a community pension mode of research boom,Shanghai and other places have also established a pilot community care.The results of pilot test and research show that the model of community endowment is feasible in our country.Community pension mode in the development and promotion of our country depends on the legal guarantee,the purpose of this paper is to analysis on the nature of community endowment service contract and legal relationship,puts forward suggestions for perfecting the community pension contract.This thesis covers four aspects:The first part,as the main part of this thesis,points out the origin of the problem discussed in this paper.China’s huge elderly population and the growing proportion of the elderly population makes the pension issue has become a social problem serious,pension problem can be the realization of national comprehensive construction well-off society development goal to solve the relationship properly.Because of its comparative advantages of traditional family pension and social commercial pension,community pension has become the first choice to solve the pension problem in our country.However,there are still a lot of problems in the construction of the community pension system,especially the problems existing in the community pension service contracts.First of all,the nature of property defined community endowment service contract is the first step to clarify the legal relations of the perplexing community endowment service in nature,only good community endowment service contract,can be classified on the contract law;secondly,the community endowment service legal relationship with the analysis to the pension service contract,clear the rights and obligations of both parties;finally,to breach of contract and the responsibility to the community pension service contract analysis,to solve the community endowment service contract disputes may arise the provisions of the law.The second part of the thesis defines the legal sense of community pension service contract,the signing of the contract according to the different subjects which can be divided into the community endowment service since entering into a contract with the government entered into community pension service contract.The nature of the contract of community endowment service contract,through the study of scholars at home and abroad come to understand his view that the conclusion,contract is a contract that has the property of the government of community care services,since a community pension service contract has the nature of contract.The third part is divided into two parts,the first part of the detailed analysis from a community pension service contract,rights and obligations of community pension service center and the elderly and their maintenance obligations as a community pension service contract of both parties.In the center of community pension rights,this paper focuses on the analysis of the elderly and their maintenance obligations as a debtor delay to fulfill payment obligations,the community Pension Service Center for all the belongings of the elderly can enjoy the lien,and whether the community pension service center to enjoy its share of the real estate mortgage creditors right or as collateral to its share of the real estate and other civil entities providing collateral rights and other civil subjects in the debt relationship.This paper argues that the community pension service center can have their lawful possession lien,and provide community service for the aged in the same legal relationship of the property of the elderly,but if the property for the elderly is not its own use,community care service centers and community service pension legal possession of non same legal relationship,community pension service the center can not exercise the lien;community service center of the real estate mortgage cannot be used.The second part analyzes the government community endowment service contract,community service centers and government departments as the contract rights and obligations of both parties;at the same time,the elderly as a government community pension service contract in the interests of third people,the government in a community pension service contract the rights and obligations in this part also carried out a detailed analysis.The fourth part of this paper analyzes and studies the possible breach of contract and the responsibility of the parties in the community pension service contract.Determine the community pension service center to provide old-age service behavior is default,should be compared with the community pension pension service contract community pension service center to provide pension services as agreed on the structure,process and results,to see if there are inconsistencies.The principle of determining the liability for breach of contract in the community pension service contract should be defined as the principle of liability for wrongs.In addition,in the community pension service contract,the defaulting party has the exception of the liability for breach of contract,that is,the breach of liability for breach of contract,including the statutory exemption and contractual exemptions.