Research On The Legal Issues Of Financial Support For Aged Service Industry In China

With the continuous development of social productivity,China's economic development level has entered a new stage,in this phase,the aging of the population has become an issue that we urgently need to face and cannot avoid.Since the reform and opening,China's economic shows a blowout state,to the beginning of the 21 st century China has stepped into an aging society,this has become a new social normal.The acceleration of the population aging process has brought more problems and challenges to China's economic and social development,the most important is the growing population of the elderly and limited social pension resources.In this context,China's has started and developed rapidly.This kind of industry will increase the supply of aged care services and meet the elderly's aged care needs.But as a emerging industry,its development has some disadvantage just like Lack of construction funds and high risk.Face these bottlenecks,finance as the core of the modern economy Is an important means to promote the development of the aged service industry.In order to promote the in-depth development of financial support,the state has introduced a large number of policy measures,the academic community has also carried out extensive research on this,but this research is mainly focused on sociology,economics,etc,less analysis from the field of law.This article is based on real development,takes the legal theory as the basis,by analyzing the specific ways of financial support,summarize its problems and causes,and through the improvement of the legal protection system and the establishment of operational mechanisms to protect the rights of related subjects,promote sustainable development of financial support.This article mainly starts from the following aspects:First,starting from the status quo leading to the topic,meaning and goal,combine relevant literature analysis with research content,Put forward the direction and focus of this article—the legal issue in the development of financial support for the aged service industry,and addressing these issues proposing to improve the legal protection system.Second,molecular through combing and empirical data on the literature interpret related concepts.Use welfare pluralism theory,social middle layer theory,macroeconmic regulation theory analyze these relevant concepts.Third,Summarize the current situation of China's current financial support for the aged care service industry.Summarize some of the main forms,just like:pension wealth management products,loan,Special bond,government guidance fund and public-privave-partnership for aged service industry,explain these ways empirically.Forth,summarize the problems in financial supporting.These issues mainly include:inaccurate legal positioning,the rights and obligations of the subject are not clear,the third is the imperfection of the supporting system.Fifth,summarize the development experience of the United States,Germany,and Japan,find the advantages of these countries combining the status quo of China,and summarize them.Sixth,through analysis of the problem and learning from experience,advising on the establishment of a legal safeguard system.first,the principle of financial support should be clarified,these principles are principle of sustainable development,principle of collaborative governance and moderate intervention principle.There are three specific measures,the first way is improve legislation,the second way is further construction of the safeguard system,the third way is sound operating mechanism.In these methods,improve legislation including supplement and update existing laws and speed up special legislation.Legal protection system includes subject legal system,Liability system and multi-regulatory system.The supporting legal system includes evaluation system,social supervision system,industry and self-discipline system.Establish operational mechanism includes establish a special management agency,establish a performance appraisal system,Improve the information disclosure mechanism,improve public participation mechanism,Improve the financial organization system and innovative credit guarantee mechanism.At last to build a more rational and effective system.