Empirical Analysis On Legal Risk Of Institutional Pension Service

At present,the number of elderly people in China is growing rapidly,and the acceleration of the aging process makes it difficult to adapt to the traditional home care and community care,which requires the help of social forces to further alleviate the pension problem.Therefore,the government has proposed a series of policies to promote the development of institutional pension services.At the same time,with the liberation of the mind of the elderly,the acceptance of pension institutions is gradually improved,and more and more elderly people are willing to choose to spend their old age in pension institutions,which also provides space for the development of institutional pension services.With the rapid development of institutional pension services,the number of institutional pension disputes has been increasing every year to a certain extent.In 2013,there were only 9 civil cases involving pension institutions.As of April 5,2019,there were 344 civil cases involving pension institutions from January 2017 to March 2019,according to data from China's online judging documents.More and more legal risks are highlighted with the rapid construction of institutional pension services.Therefore,the 344 cases of institutional pension disputes collected were sorted out and analyzed in order to reduce the legal risk of institutional pension service construction and promote the further development of institutional pension service.The government as the manager and the industry association of the pension service institutions the elderly receiving the pension service and the pension service institutions providing the service are the core components of the institutional pension service.Based on the analysis of these three subjects,it can be found that the legal risks of institutional pension service mainly fall into the following categories.Firstly,from the perspective of managers,the current management system of pension institutions in China is still unable to keep up with the development process of pension institutions,resulting in uneven allocation of pension resources and lack of unified standards in the industry,hindering the rapid development of pension institutions,and failing to effectively alleviate the pension problem in the context of accelerating population aging.Secondly,from the perspective of the elderly,their legal risks come from the fact that pension institutions are not qualified as subjects.Lack of qualifications for service personnel in pension institutions;The service agreement is not standard and the agreement is not clear;The breach of the pension institution includes thefollowing three situations: the pension institution fails to provide standard services as agreed in the contract,the places and facilities of the pension institution fail to meet relevant standards,and the pension institution fails to timely inform the family members or send the elderly to the hospital when there is an accident;Pension institutions violate security obligations in five aspects.Finally,from the perspective of pension institutions,the legal risk comes from the default of the elderly;Sudden death from illness and high compensation.The deep reasons for these legal risks lie in the following aspects: first,the lack of special legislation on institutional pension services;Second,the management of pension institutions themselves is chaotic;Third,it is not clear whether pension institutions should have relevant qualifications,including administrative licensing qualifications,fire fighting qualifications and medical qualifications.Fourth,it is not clear whether pension institutions should undertake security obligations;Fifth,pension institutions cannot effectively diversify risks.In view of the above reasons,it is necessary to improve the level of legislation in the field of institutional pension services.To establish a legal system for resolving institutional pension disputes,including clarifying the relationship between relevant qualifications and the responsibilities of pension institutions,clarifying the security and security obligations of pension institutions,and clarifying the responsibilities of the elderly;To improve the supervision and legislation of pension institutions;The legislation clarifies that pension institutions should purchase liability insurance by five means to prevent and control the risks of institutional pension services.