Study On The Home Care Service Contract Under The Mode Of "Government Purchase"

With the increasing number of elderly population,the proportion of the elderly population in the total population is increasing.Aging has become an urgent problem for the society today.It affects all aspects of the society,such as the increase of social burden,the increase of labor cost,the shortage of the supply of service for the aged,and so on.In the response to the pension problem,the urgent need for us to solve this increasingly arduous task with new ideas and new perspectives.Under the background of "government purchase",the home care service has come into being in this context.This paper defines the connotation of home care service under the mode of "government purchase",and lists four typical practices of local governments in China,such as Harbin,Ningbo,Beijing and Hangzhou,to define the boundary of home care service under the mode of government purchase.This paper mainly studies the legal issues of home-based care services contract from the "government purchase" mode point of view,the connotation of home-based care services contract with government purchase mode and particularity as the starting point,explore the current legislation situation of the model more prominent issues,such as the service object is unknown,the legal system is not perfect,legislation low level,lack of funds,if the elderly have direct request right,the nature of the contract is unknown.Due to the controversy over the two issues of direct claim and contractual nature,there is no conclusion in academic circles,and it has a fundamental influence on the theory of home care contract under the mode of government purchase.Therefore,it is of more profound significance to focus on these two problems.The two questions of direct claim and contract nature directly affect the procedure,efficiency and remedy way of the dispute settlement of home care service under the mode of "government purchase",which directly affects the protection degree of the elderly's rights and interests.The most critical part of the implementation of a legal system is the establishment of a dispute resolution mechanism.It is directly related to the operability and usefulness of the legal system.Therefore,whether the home care service system can play its proper role under the "government purchase" mode,and does not cause new problems,depends on the improvement of the dispute settlement mechanism.Based on the above problems,this paper expounds the relevant systems of the United Kingdom,Japan and the United States,and draws lessons from its mature and suitable practice.Finally,the related basic social security law,contract law and administrative law based on the theory,from the domestic and foreign existing practice,mature system,suggestions are put forward according to the problems existing in the home care service system of China's government purchase mode,to provide new ideas for the direction of development,and promote the healthy development of this system.In order to maintain social stability,safeguard the rights of the elderly,"play system advantage of home-based care services of government purchase" mode,in order to promote the industry in our country is more reasonable and more efficient direction,eventually unlock "aging" this time problem.