Research On The Legal Guarantee Of Home-based Pension Service In Rural Communities

At present,China’s aging population continues to deepen.Especially in rural areas,the long-term dual economic system and urbanization make the aging urban and rural areas inverted.With the influx of young rural labor force into cities,the number of empty nesters and the elderly living alone in rural areas increases.In order to cope with the current serious aging,the weakening function of family pension model and the insufficient function of institutional pension support,China has put forward a socialized pension pattern of "home-based,community-based and institution supplemented".As a new type of social elderly care service,community home-based elderly care service has dual functions of home care and community care,and plays a unique role in coping with the aging.However,for a long time,the development of community home-based pension shows the characteristics of "emphasizing the city,ignoring the countryside".The supply of community home-based pension service in rural areas of China has been in a state of disorder for a long time.Most of the researches on community home-based pension service focus on the city,less on the countryside,and few on the law.Based on the actual development of rural community home-based elderly care service,and from the perspective of legal theory,on the basis of clarifying the concept of rural community home-based elderly care service,through the investigation of existing policies and regulations and empirical research,this paper finds out the existing legal problems,and analyzes the causes of the problems from the perspective of law.The experience of community home-based elderly care service system construction in Britain and Japan is used for reference.In order to promote the development and perfection of the rural community home-based elderly care service system,the corresponding legal security measures are put forward.This paper is mainly from the following aspects: first,based on the overall situation of China’s aging population,rural area pension and community home-based pension services as the background,leading to the significance of this topic.Through combing the relevant domestic and foreign literature with the main research contents of the connotation and value,responsibility subject,service mode,urban-rural differences of community home-based elderly care service,this paper summarizes and analyzes them,and puts forward the direction and focus of this paper on the basis of the reality of the development of rural community home-based elderly care service in China.At the same time,it analyzes the causes of the legal problems,and puts forward the corresponding legal guarantee path.Secondly,using the literature analysis method to sort out the relevant concepts and theories,forming the basic theoretical framework of rural community home-based pension service system construction.First of all,by combing the relevant normative documents and literature on community-based and home-based pension,combined with relevant empirical data,the concept of home-based pension service in rural communities is interpreted.Secondly,on the basis of understanding the concept,according to the different supply modes and levels of rural community home-based elderly care service,combined with the actual state of its supply,it is divided into three types: government purchase type,market supply type and community mutual aid type.Finally,using the market regulation theory,the social middle layer theory and the welfare pluralism theory to discuss the rural community home-based pension service.Thirdly,the paper uses the method of combination of norms and demonstration to consider the current situation of rural community home-based pension service and legal security.First of all,the policies and regulations of home-based elderly care service in rural communities are sorted out from the central and local levels to understand the legal environment.Secondly,through empirical research,we can understand the operation of the three models in practice.Next,combined with its legal environment and the actual operation of the situation,the status quo of the three models and legal issues are described.Finally,the causes of legal problems are analyzed from four aspects: legislative system,government responsibility,regulatory system,and operational security mechanism.Fourth,by using the comparative analysis method,through summarizing and analyzing the relevant experience and characteristics of the construction of community home-based elderly care service system in Britain and Japan,find out the advantages of each country and combine with the current situation of our country,in three aspects of improving the legislative system,giving full play to the active role of social organizations and combining professional services with neighborhood mutual assistance,provide experience for our country.Fifthly,through the consideration of the current situation and the reference of experience,the paper puts forward the improvement of the legal security path of rural community home-based elderly care service.First of all,we should make clear the principle of legal security of home-based elderly care service in rural communities,from the three perspectives of sharing principle,appropriate principle and coordination principle,to make clear the basis of legal security.Secondly,improve the legislative system.Mainly reflected in the construction of the central legislation and local legislation combined with the legislative system,as well as in the specialized legislation in the special chapter of the rural community home care service two aspects.Fifthly,through the consideration of the current situation and the reference of experience,this paper puts forward the way to improve the legal security of the rural community home-based elderly care service.First of all,we should make clear the principle of legal security of home-based elderly care service in rural communities,from the three perspectives of sharing principle,appropriate principle and coordination principle,to make clear the basis of legal security.Secondly,improve the legislative system.Mainly reflected in the construction of the central legislation and local legislation combined with the legislative system,as well as in the specialized legislation in the special chapter of the rural community home care service two aspects.Third,the main legal system and regulatory system to improve the two core legal systems.The main body legal system expounds the rights and obligations of the participants in the home-based elderly care service in rural communities from four aspects: clarifying the functions of government funds payment and service security,improving the entry and exit system of market subjects,strengthening the legal security of the assistance subjects and strengthening the support and support functions of rural communities;the supervision system introduces the third party from the transformation of the supervision concept The evaluation mechanism as well as the formation of administrative supervision,industry self-discipline and social supervision coordinated supervision pattern.Next,build the operation guarantee mechanism.Through the government purchase service beneficiary qualification evaluation system,medical and nursing combination system,incentive system,risk prevention and sharing mechanism,the operation security mechanism of rural community home-based elderly care service is constructed.Finally,improve the legal relief system,including two aspects: broadening the relief channels and improving the legal aid system.In the whole part,through the establishment of principles,legislation,system improvement,mechanism construction and relief security,the legal security system of home-based elderly care service in rural communities is improved in an all-round way.