Research On Legal Issues Of Government Purchasing Home-based Aged Services

The government purchases home-based care for the elderly is different from traditional family care for the elderly.It consists of multiple parties,the government is responsible for the purchase,the social organization of the pension service undertaker provides old-age care services,and the old people enjoy old-age care services.It is an old-age care service model for multi-agent participation.The important supplement to the traditional family pension is also an important part of the overall social security system in the future.At present,the discussion and research on the government's purchase of home-based care services mainly focuses on sociology,social security,public administration,and civil affairs,and lacks legal research.As a social norm of national coercive force,the law has universal binding force.Legal research on the government's purchase of home-based care for the elderly and the construction of a legal system are conducive to a more forceful national pension.Therefore,this article from the legal point of view to study the government to purchase home care services,analysis of the existing legal issues.This article is divided into four parts:The first part analyzes the legal foundation of the government's purchase of home-based care services.This is the starting point of this study.The legal basis of the government's purchase of home-based care for the elderly includes three theories:public service theory,social rights theory,and social justice theory.The theory of public service stems from the fact that the West has also become increasingly popular with China and believes that the government should provide benefits for the people.Under the current background of the times,the most explicit way for the government to benefit the people is to provide public services for the people.For elderly people belonging to disadvantaged groups,the protection of the welfare of the elderly is more important than the government' s current purchase of public services.This theory requires that the government provide elderly care services for the elderly must be able to meet the elderly needs of the elderly,the elderly can independently choose to accept or reject the government provides the old-age care services,the government provides the elderly care services also need a high degree of satisfaction;The theory of rights clarifies that social rights are a kind of human rights and they are the right people should enjoy.The content includes political,economic,cultural,and other aspects of basic rights,arid is the basic guarantee for human survival and development.The theory of social rights aims to ensure dignity and the pursuit of equality as the ultimate goal,and to ensure a proper standard of living as a realistic goal.It is based on the country' s macro-level positive actions.As the disadvantaged groups in the social group,the elderly are often violated and neglected in their protection and realization of social rights.Therefore,they rely on the country's positive actions and make relevant actions from the material to the spiritual aspect to ensure the dignity and equality of the elderly.The theory of social justice is rich in connotation and includes connotations such as fairness,impartiality,and fairness.Justice means that each has its own place,and that social groups can have income in society,and they can obtain from the society the conditions for survival and development,as well as spiritual and other aspects.The realization of justice requires national coercive power for protection.The state needs to adjust the division of interests of social groups from the macro level,and through the formulation and implementation of laws,regulations,and policies,it is necessary to achieve justice among members of the social groups.Justice emphasizes mutual assistance and friendship,and the realization of justice relies on the joint efforts of individuals,society,and nations.The government purchases home-based care for the elderly is the inherent logic of the above three theories.It is an old-age pension system that conforms to the legal thinking and spirit and the reality of our country.The second part analyzes the legal relationship between government purchase of home-based care services.This article analyzes the legal relationship between government purchases of home-based care services for the elderly,mainly from the perspective of the main body,and focuses on the analysis of the formation of legal relationships,the particularity of legal relationships,and the characteristics of legal relationships.The formation of legal relations is based on legal norms,based on the behavior of the relevant subjects,and contains certain rights and obligations.The purchase of home-based care services by the government in China is based on national laws,regulations and policies related to old-age care and social security.The government,social organizations,and senior citizens make relevant actions based on this,and build certain social relationships to promote them.In the development,each subject enjoys corresponding rights and undertakes certain duties in the development of home-based care for the elderly;for the analysis of the specificity of legal relations,this paper mainly considers that the government' s legal relationship includes the contract from the perspective of the government' s purchase of home-based retirement service contracts.Two characteristics of relationship and supervision relationship have the dual attributes of private law and public law.The government purchases the home-based pension service contract as a kind of contract,which is formed by the government and social organizations.It is subject to adjustments in private law such as civil law and company law.At the same time,due to the public welfare attributes of the pension service,the government has absolute dominant position and has management and other aspects.The power of the firm,therefore,has a strong public law attribute;the analysis of the essential features of the government's purchase of home-based care for the elderly is mainly carried out from the perspective of legal relationship subjects,objects,and content.This article thinks that in terms of the subject,the government plays a leading and supervisory role,the service undertaker has a wide range of services,and the service enjoys a specific elderly person.In the object,the object has the characteristics of diversity and intangibility.In terms of content,the rights and obligations have the characteristics of diversity,and the share of the rights and obligations of the subjects varies.The third part analyzes the legal supervision of the government's purchase of home-based care services.The analysis of legal supervision is also elaborated from the perspective of the main body.It is believed that the legal supervision includes three aspects:the legal supervision subject,the procedure followed,and the supervision mode.The regulatory body that the government purchases home-based care services for the elderly is currently formed in several areas including government authorities,service providers,service providers,and other regulatory entities.The competent government departments play an absolute leading role in supervision.The departments of finance,civil affairs,and industry and commerce,in accordance with different public powers,regulate and regulate all aspects of pension services,which is an internal aspect of supervision.Most of the subjects outside the government departments are supervising the elderly care services from the outside;the procedures followed by legal supervision are mainly divided from the subject's rights relief channels.The main supervisory procedures include complaints,accusations,administrative reconsideration,and litigation.,administrative compensation and other aspects,in order to protect the rights of related subjects can be remedied,to achieve the legal supervision of the rights(force);for the study of the legal supervision model,this article in the analysis of regulatory subjects,supervision procedures,based on the view that we On the basis of optimizing the internal supervision of the competent government departments,we should extensively absorb external entities outside the government to effectively participate in legal supervision.At the same time,we should refer to the experience of countries such as Britain and Japan and introduce third-party regulatory agencies to build a country that meets our requirements.The actual demand of the government to purchase the home care service supervision model.The fourth part analyzes the legal responsibility of the government to purchase home-based care services.This paper divides the analysis of legal liability into three aspects,namely,the subject of legal liability,the principle of commitment,and the method of commitment.The commitment of legal responsibility should be clear about which subjects bear legal responsibilities.In the government's purchase of home-based care services,the main body that bears legal responsibility includes the government,service providers,and service enjoyers.The three principals perform related activities in the provision of retirement services in accordance with laws,regulations,and policies,and when they act illegally or improperly,they naturally have to bear certain responsibilities;the principle of legal liability is the responsibility of the relevant subjects.Based on the principles that are based on the time,this article summarizes these principles as the three principles of the principle of fault liability,the principle of no-fault liability and the principle of fair liability.Relevant entities shall bear relevant legal responsibilities through the corresponding principles of legal liability rules based on their own actions and the legal consequences they cause.In these three principles,the principle of fault liability is the main one,and the other two are supplementary;for the way of assuming legal responsibility,this article mainly starts from the perspective of the government purchasing the home-based pension service contract,and relates the relevant attributes of private law and public law and believes that Subjects should bear civil liability for breach of contract,tort liability,and administrative law related responsibilities in the corresponding circumstances.