A Study On The Legal Problems Of The Government's Purchase Of Home Care Services

As a new way of caring for the aged,home-based care is an important part of China's social security system for the aged.With the increasing number of elderly people,the traditional family pension model has been unable to meet the existing pension needs.The government has actively implemented the policy of purchasing home-based old-age care services,which has been well received in various regions.However,due to the lack of unified national laws and regulations,problems such as irregular purchase procedures,infringement of the rights and interests of the elderly,and imperfect legal supervision have emerged in the practice of various regions,hindering the development of home-based old-age care services.In this paper,the existing laws and regulations on the government's purchase of home-based elderly care services are sorted out and a series of legal Suggestions are put forward based on the excellent legislative experience of foreign governments.In addition to the introduction and conclusion,this paper is divided into five parts:The first part is to define the purchase of home-based care services by the government.This paper mainly introduces the concept,content and legal basis of the government's purchase of home-based elderly care services,and analyzes the reason why the government is the qualified subject of home-based elderly care services.The second part analyzes the legal relationship between the government purchasing home care service.The government's purchase of home-based old-age care service involves the three parties,and the rights and obligations of the three parties are analyzed by introducing the contract of the third party.The third part is to sort out the existing problems in the law and practice of the government purchasing home-based old-age care services.Through the analysis of the government procurement law,the law on the protection of the rights and interests of the elderly and other laws and government documents,combined with the practice in various regions,it is found that there are mainly unclear legal basis,non-standard implementation procedures,imperfect legal supervision mechanism and other legal problems.The fourth part examines the relevant laws and regulations on the purchase of home-based care services by governments in the United States and Japan,and draws on their successful experience.Through the legislative summary of foreigngovernments' purchase of home-based old-age care services in each stage,it is suggested that China should establish policies and measures matching with the law and actively expand the source channels of funds.In the fifth part,the author puts forward some legal Suggestions on improving the government's purchase of home-based old-age care services.Referring to the problems existing in China's current laws and regulations and the summary of foreign experience,it is suggested to improve the legal construction of China's government purchasing home-based old-age care services from such aspects as legalization,clear legal basis,standardization of service contracts,and strengthening of legal supervision.