Research On Government Purchase Home Pension Service Contract From The Perspective Of Administrative Law

At present,countries around the world have generally attached importance to various problems caused by population aging.With the continuous increase of the average life expectancy of our population,the problems caused by the phenomenon of population aging have gradually emerged,which have challenged our social pension mechanism and welfare treatment.Among them,the issue of old-age care for the elderly has been taken seriously by our government.In recent years,China has begun to encourage the government to purchase old-age services from social organizations to provide basic old-age services to the elderly in society,and to accelerate the construction of a social old-age service system.Local governments are also actively exploring new models of social endowment.Among them,the government's purchase of home-based endowment services has become a new type of endowment service model widely tried in various places,and initially achieved good results.Attempts by the government to purchase home-based pension services have further enriched the supply of government pension services,helped transform government public functions,and innovated the way governments perform their duties.However,because the government is still in the initial exploration stage to purchase home care services,there are many legal problems in actual operation.For example,due to the lack of legal norms,the purchase contract lacks a unified standard text for reference in the formulation process,the parties' contractual rights and obligations are not clear,resulting in a lack of basis for the parties to assume responsibility,and the legitimate rights and interests of the elderly cannot be effectively protected.Therefore,more attention should be paid to the research on legal issues related to government purchase of home care service contracts.At present,the legal system design related to the government's purchase of public services is not complete.In practice,the government's purchase of home care service contracts mainly applies civil laws such as the Contract Law,ignoring the public welfare attributes of the care service and its speciality in the application of the law.In this regard,this article focuses on the government's purchase of home care service contracts from the perspective of administrative law.In the research on the government purchase of home care service contracts,it first explains the relevant content of the Chinese government's purchase of home care services,which mainly includes the relevant connotations of government purchase of home care services,and various forms of purchase gradually formed in practice.Secondly,it defines the government's purchase of home care service contract in China,which mainly summarizes the connotation,nature and legal relationship between the subjects.Then it further analyzes the problems existing in the current government purchase of home care service contracts.By summarizing the current status of the government's purchase of home care service contracts,it is found that it lacks legal guidance and norms,as well as the confusion between the role of the contract subject and the legal relationship.Including the unclear legal relationship under the multiple roles of the government,the confused status of the old-age service agencies and the confused legal relationship between the elderly and the government and the old-age service agencies.At the same time,there are also situations where the responsibility of the contract subject is not clearly defined,including the lack of government responsibilities,the ambiguity of old-age service agencies,and the responsibilities of the elderly.Finally,it discusses the legal improvement of the Chinese government's purchase of home care service contracts,mainly from the perspective of building the rights and obligations of the contract subjects,dividing the responsibility of the contract subjects,and clarifying the legal basis.