Research On The Security Of Rights For The Elderly In Pension Institutions

With the rapid development of the old-age care industry in China,the number of old-age care institutions in China is constantly increasing,and the problem of the violation of personal rights of the elderly is becoming increasingly prominent.Due to the ambiguous legal provisions in the supervision of old-age care institutions in China,some old-age care institutions have relatively large safety risks,which makes it difficult to completely guarantee the personal rights of old-age care institutions.At the same time,after the elderly's personal rights and interests have been violated in the pension institutions,due to the incompleteness of relevant laws such as the“Contract Law" and "The Tort Liability Law",it has made it more difficult for them to safeguard their rights.Based on this,this article combines the status quo of supervision,dispute settlement and compensation in China's old-age care institutions,analyzes their existing problems,and puts forward some suggestions for the protection of elderly personal rights in old-age care institutions in China.In addition to the introduction and conclusion,this article contains three parts.The first part is an analysis of typical cases and the legal issues involved.Through case search,this section selected four representative cases.Cases 1 and 2 reflect the infringement of the personal rights of the elderly who were admitted to the elderly due to inadequate supervision by the relevant agencies.Case 3 reflects that the plaintiff(the elderly person or their family members)had suffered adverse consequences due to the lack of evidence in the infringement disputes of the pension institutions.Case 4 reflects the application of the principle of fair liability in the infringement disputes of pension institutions and the compensation pressures faced by pension institutions.In addition,Case 3 and Case 4 also reflect the problem of the non-standardization of the check-in agreement for the elderly care institutions in China.The second part discusses the legal predicament faced by the old-age protection of old-age care institutions in China from three aspects.First,we briefly described the regulatory status of pension institutions in China's relevant departments,social organizations,the elderly,and their families,and revealed the problems in China's pension system supervision system.Secondly,it analyzes that the mechanism for handling infringement disputes in the old-age care institutions is not perfect:the legal relationship between old-age care institutions and elderly residents is not clear,and the rules for the determination of liability in dispute settlement are not perfect.Third,we analyzed the deficiencies in China's pension insurance liability insurance during the trial process.The third part discusses the countermeasures for protecting the rights and interests of the elderly in the old-age care institutions in China.This article puts forward corresponding countermeasures from three aspects:First,it is necessary to improve the supervision system of the old-age care institutions in our country,which includes not only improving the access threshold for the old-age care institutions,but also strengthening supervision on the operation of the old-age care institutions.Second,to improve the dispute settlement mechanism in China's old-age care institutions,on the one hand,it regulates the legal relationship between the old-age care institutions and the elderly,and on the other hand,it improves the rules for the determination of liability in the treatment of infringement disputes by the pension institutions.Finally,it is necessary to build an old-age insurance liability insurance system in China so as to disperse the risks faced by the old-age care institutions in the course of their operations and at the same time better protect the legitimate rights and interests of the elderly.