Research On The Legal Issues Of Government Purchase Community Aged-care Services

In recent years,our government keeps pushing the purchase of community aged-care services for integrating resources of community pension and promoting the sustainable development of community aged-care services.However,some problems can not be ignored in this process,which is urgent to consummate the system of government purchase of community aged-care services.In addition to the introduction and conclusion,this paper is mainly divided into the following four parts:The first part is the fundamental theory of the government purchase community care services.This part analyzes and defines the connection between government purchase and government procurement,as well as the character of the contract about government purchase of community elderly service,which provides a pointcut for second part to analyze the legal relation of government purchase of community elderly service.At the same time,this part expounds the theoretical basis from the perspectives of welfare pluralism theory,principal-agent theory and empowerment theory.The second part focuses on the legal relation of the government purchase of community elderly care services.On the one hand,this part specifies the three elements of the government purchase of community care services’ legal relation.On the subject of legal relation,it mainly clarifies the role of the government,the qualification of the supplier and the service object.On the object of legal relation,it mainly defines the specific purchase items.On the content of the legal relation,it analyses the rights and obligations of each subject in the whole purchase process.On the other hand,this part inquires into the nature of the tripartite legal relations between the government and the supplier,the supplier and the service object,and the government and the service object.The third part is the present legal situations of the government purchase of community aged-care service.This part analyses the relevant legal norms at the national level and the local level and finds out some problems existing in this system.Firstly,the legal ground is unclear;Secondly,the contract is non-standard;Thirdly,the legal regulation of the supplier is unscientific;Lastly,the protection of the service objects’ legitimate interest is not in place.The fourth part is the proposal about consummating the system of the government purchases community aged-care service.Firstly,clarifying the legal ground;Secondly,standardizing the purchase contract;Thirdly,improving the legal regulation of the supplier;Lastly,strengthening the protection of the service objects’ legitimate interest.