Research On Personal Security Obligation Of Pension Service Institutions

In the dispute of compensation for personal injury in the old-age service contract,there are generally three aspects involved: whether the old-age service institution violates the personal security obligation,whether it should undertake the compensation responsibility,and how to divide the proportion of compensation responsibility.The main body,the service object and the service content of the pension service institution are all special,so the security obligation of the pension service institution is different from that of the general operating institution.The research on its particularity is the premise to clarify the judgment standard of the personal security obligation of the pension service institutions,and also the root cause of the dispute of compensation for personal injury in the pension service contract.Furthermore,when such disputes occur,after the court makes a judgment on the personal security obligation of the pension service institutions,the specific normative basis also has the comprehensive legal issues of contract and infringement.Namely,the personal security obligation of the pension service institution includes the agreed obligation and the legal obligation.The role of the agreed obligations is to clarify and refine the specific content of the personal security obligations of the pension service institutions,or to strengthen or exclude them,so as to achieve special treatment under special circumstances.Statutory obligations are the basic requirement,the last barrier.The court should try the dispute of compensation for personal injury in the old-age service contract strictly according to law,avoid the occurrence of "harmony and muddle",and reduce the application of the principle of fair liability as far as possible.The protection of the rights and interests of the elderly group is a comprehensive social relief problem,which should be solved by social insurance and welfare system rather than by favoring the elderly in the judgment.In addition,the court should protect the sound development of the elderly service industry on the height of the elderly service personal injury compensation case trial work.Determine the pension services for the elderly for the specific scope of the safety guarantee obligation of care must be taken into account comprehensively level,the physical condition of old people,the degree of specialization of endowment agencies reference factors,should be more based on the pension service contract,prevent excessive increase responsibility endowment service agencies,balance the interests of the elderly and pension service agencies to prepare for an ageing society.