| China’s financial report 2019 has clarified that China’s aging population is severe and will be a long-term policy focus in the future.In order to meet the needs of the elderly,promote the transformation of government functions,and improve the overall social welfare,the government’s purchase of home care service for the aged has been written into the policy,and now there are more practical experience and theoretical results.In order to regulate the government’s purchasing activities,a large number of purchasing policies and practical experience have been transformed into legal provisions.In 2016,the outline of the 13 th five year plan for national economic and social development pointed out that the government’s purchase of home care service for the aged is an important step in the establishment of the pension system,and explained the service content.However,there are still problems in the practice of government purchasing home care service for the aged.In order to solve the problems effectively,based on the welfare pluralism theory,the new public management theory,the government and market family boundary theory and the theory of limited rights,this paper uses literature research,comparative research and normative research methods to study the scope and practice of government purchasing home care service for the aged,and analyzes its original situation Because.Combined with the comparison of the differences between the scope of home care service for the aged purchased by foreign governments and domestic ones,this paper summarizes the experience that can be used for reference,and puts forward the legislative suggestions for improvement based on the legal basis of home care service for the aged purchased.The specific contents of each part of the paper are as follows:The first part: introduction.This paper introduces the current situation of China’s aging,the background and significance of the government’s effective use of financial funds to purchase home care service for the aged in accordance with the law,summarizes the research status of the government’s purchase of home care service for the aged at home and abroad,explains the research methods used in the paper,and summarizes the innovations and shortcomings: the innovation lies in the lack of literature on the scope of government’s purchase of specific services However paper focuses on the characteristics of home care service for the aged and makes a special study;the deficiency lies in the fact that the current situation of practice is mainly based on the existing literature so there is no field survey data.The second part: the theoretical basis for the government to purchase home care service for the aged.It mainly includes the definition of related concepts and theoretical basis.The paper defines the scope of the government’s purchase of home care service for the aged as follows: In order to make up for the shortage of home-based elderly care services for the elderly over 60 years old,the government transfers its functions of providing home-based elderly care services to social organizations by means of government purchase according to law,which is provided by the government on behalf of them,while the scope is the boundary of the transfer of functions from the government to social organizations.The third part: the current situation of legislation and practice of the government’s purchase of home-based care services.Through the elaboration of the current situation of legislation and practice,we can find the existing problems,which are mainly manifested in three aspects: first,the scope of the government’s purchase of home care service for the aged does not match the needs of the audience;second,the boundary of the government’s purchase of home care service for the aged is not clear;third,the purchase between urban and rural areas is different.The fourth part: the reasons for the problems in the scope of home care service for the aged purchased by the government.The system of audience’s expressing needs is not perfect;there is a lack of clear range and boundary laws;the related urban and rural resource allocation is not balanced.Part five: legislative suggestions.Based on the above-mentioned legal basis and the reasons for the existing problems,this paper puts forward legislative suggestions: to establish a legislative mechanism conducive to the expression of the needs of the elderly;to clarify the limits of the scope of the government’s purchase of home care service for the aged,to divide the scope of the government’s purchase of home care service for the aged into three categories:the government should purchase,the government’s selective purchase and the government’s prohibition of purchase;to improve the legal mechanism of the government’s continuous investment System.Among them,the procedures for the government to purchase home care service for the aged are carried out in accordance with the government procurement law,budget law,bidding law and other laws related to government procuremen procurement. |