Study On Legal Issues Of Community Endowment Service Contract

With the development of economy and the improvement of medical and health conditions,aging has gradually become a social problem since China entered the aging society in the 1990 s.However,different from the institutional endowment and family endowment which are certain social-based endowment modes in China,the community endowment originated oversea and entered China late.It is of great benefit to social development to solve the aging problem properly.Maybe it's helpful that the community where the old people live could be taken as the home of the old people's endowment when neither family endowment nor institution endowment can properly solve the endowment problem.This can greatly facilitate the old people's endowment,but also integrate social resources,which is conducive to building a harmonious society.As a result the community endowment has a weak foundation,and there are many chaotic situations in the development process,which hinders the development and growth of community endowment.To improve the physical and mental health of the elderly people in the community endowment mode,enable the law to protect the development of this enterprise better,this paper will mainly analyze the legal problems in the community endowment service in detail.On the basis of this study,some feasible suggestions are offered to protect the community endowment service in China from the perspective of law.In addition to the introduction,this paper is divided into four parts.The first part is an overview of community pension services.This part first discusses the concept and characteristics of community pension service,and at the same time,through the comparison of several similar concepts,we can have a deeper understanding of the connotation and significance of community pension service.In addition,the social basis of the development of community pension in China and its necessity are studied and analyzed.The second part is about the legal definition of community pension service contract.Firstly,this part defines the meaning of community pension service contract according to the viewpoints of different scholars.According to the different subjects of the contract,the community pension service contract can be divided into government procurement type of community pension service contract and community autonomous type of community pension service contract.Then the nature of different forms of contract is discussed according to the viewpoint of scholars in the theoretical circle,and the author puts forward his own viewpoint that the government procurement type of community pension service contract has the attributes of commission contract,while the community autonomous type of community pension service contract has the attributes of contract.The third part is about the rights and obligations in the community pension service contract.This part mainly analyses the rights and obligations of the government and the community pension service center in the government procurement type of community pension service contract,and discusses the protection of the rights and interests of the elderly as the third party of the contract.At the same time,the rights and obligations of the community pension service center and the elderly or their support obligors in the autonomous community pension service contract are analyzed.By discussing the rights and obligations of the subjects in the two kinds of contracts,we can get a deeper understanding of the different nature of community pension service contracts.The fourth part is about the principle of responsibility and imputation in the contract of community pension service.This part first introduces the possible disputes and solutions in the process of fulfilling the contract.Then it mainly analyses the responsibility for breach of contract and the rules and principles of different subjects in the government procurement type of community endowment service contract and community autonomous community endowment service contract,and discusses the statutory and agreed exemptions.Finally,it summarizes the whole article-after understanding the basic connotation and characteristics of community pension service and analyzing the necessity and development status of community pension in China,this new pension mode needs special contract to regulate.According to the different subjects of contract signing,the community pension service contract is divided into two types:government procurement type and community autonomous type.The two kinds of contracts are analyzed comprehensively.It is hoped that the community pension service can be better developed in China,so that the elderly have a peaceful old age.