Research On The Civil Legal Issues Of The Elderly Injury Accidents In The Elderly Care Institutions

Nowadays,with the development of China's society and the accelerated aging of the population,the number of the elderly in China is increasing every year,and the demand of the whole society for old-age service is also increasing day by day.But it followed more and more old-age service disputes and contradictions between old-age care institutions and the elderly and their families.How to better judge the personal injury liabilities and how to effectively resolve disputes between old-age care institutions and the elderly are urgent problems that need to be addressed in all kinds of old-age care accident cases.Since I worked,I have been keeping a close eye on aged people service industry.During the period of school,I sometimes worked as a volunteer in a local old-age care institutions.While volunteering,several occasional dispute cases caused by the elderly injury accident called for my deep thought.Settling an injury compensation dispute is a long and complex process involving old-age care organization's accident disposal,multiple sentences and exhausting appeals before final judgement,which imposes legal costs and compensate costs on all parties.In this process,the old-aged victim's families suffer from strong negative emotions like anger,frustration and sadness,while the organization exposed to popular outrage and public opinion.The root cause is that the existing laws can not match the the current status of the fast-growing aged people service industry.There are several flaws in relevant laws and their application in the field of legal disputes caused by the elderly injury accident;for instance,the ambiguous legal relationship between old-age care institutions and the elderly,the unclear security obligations of the organizations and disputable division of responsibilities after the elderly injury accident.Especially for the dispute cases related to the elderly with special physical or mental conditions,the elderly care institutions win by default in court if the ordinary fault responsibility principle is applied.In this paper,four cases of the elderly injured in the elderly care institutions are taken as the starting point to understand the causes and consequences of the case in detail.The article reviews the details in these cases and summarizes the controversial focuses,thus,discuss and studies the legal and practical problems encountered in practice through the facts of the case,the plaintiff's claim,the defendant's defense and the court's judgment results.Firstly,bringing out the questions.Through the introduction of four typical cases,this paper illustrates the practical conflicts and legal problems existing in the current development of the elderly care institutions,namely,the legal relationship between the institutions and the elderly is vague,and which principle should be followed to bear the responsibility after the accident,etc.Secondly,analyze problems.It defines the type and particularity of the injury behavior of the old-age institutions,and discusses the legal relationship between the elderly care institutions and the elderly,the principle of liability fixation and the elements of the elderly injury accidents from the perspective of jurisprudence,to clarify the differences between the elderly injury accidents in the elderly care institutions and the infringement injury accidents of the general managers.And then analyze the legal problems in these cases,namely,disputable security obligations of the organizations,unclear division of guardianship responsibilities for the elderly,the unclear basis and application of the supplementary responsibilities.Finally,Through the research and analysis,draw conclusions and Enlightenment from the aspects of performing the security obligations,the applicable rules of the elderly care responsibility,and the assumption of supplementary responsibility in the third party tort cases.