On The Civil Law Norms And Remedies For Institutional Pensions

With the rapid expansion of the scale of China's aging population, pension issue has become China's major livelihood issues of social development and progress. With the arrival of the aging society, rising of elderly population ratio, weakness of family support function, many elderly people have to rely on pension institutions to take care of their lives. At the same time, as the elderly are more and more open-minded, some elderly with good economic foundation are willing to choose endowment organization, which brings a solid foundation for the development of pension institutions. Otherwise, for China's relevant legal system is not perfect, which makes the institutions endowment patterns appear many disputes and difficulties, thus influencing the harmonious development of the society.In this paper, through the analysis of the status of current old-age care institutions, state of legislation and policy, judicial present situation, we will point out the problems existing in the pension institutions, civil norms, the bring out the relief and some advices on the basis of this. Except the introduction and references, the text is divided into three parts.The first part mainly introduces our country's old-age care model status, pointing out the current problem:the construction of China's institutional old-age care mode is still in the initial stage, falling behind the the new situation and new tasks, new demand. Existing laws and regulations haven't become a system and there are many blank spots. In judicial practice, model contract non-standard disputes frequently, involved complex factors caused by liability cognizance is difficult, law is chaotic discretion standard a, the nature of the contract is not clear that the trial flaws.second part will introduces the relevant foreign pension institutions of advanced legislation and system from the comparative law perspective:emphasis on German market freedom and social balance, the formation of the long term care insurance law as the representative model of elderly welfare system; Japan from 1963 of< the elderly welfare law > 2000 implementation of< the insurance law>, a series of policies and regulations to protect the old man's right; the United States will elderly health service, living, entertainment, etc. are included in the social welfare act, to build a sound legal system; Taiwan related legal provisions of elderly welfare institution shall sign a written contract, the Ministry of Health and the administrative department of health, respectively, the announcement of the model contract model and should be recorded and not recorded and other related matters.In the third part, in view of the problems noted above, we draw lessons from foreign advanced system, putting forward some reasonable suggestions to improve pension institutions'established conditions and regulating the access system; clear pension institutions of the nature of the contract, to achieve a nameless contract to contract the famous transformation; as soon as the pension services contract model, determine the mandatory terms; explore civil procedure oriented diversified relief way.