Research On The Problem Of Legal Supervision Of Private Pension Institutions In China

At present,our country is facing such a severe reality,which used to be proud of its surplus of labor,while unknowingly entering an aging society,the elderly population is also increasing year by year.Worryingly,the traditional family pension model that has lasted for many years has been unable to cope with this severe situation.In such a dilemma,we have to concentrate our efforts to develop various types of elderly care service institutions.As an important part of the diversified elderly care service system,private elderly care institutions are not only related to the happiness of life of the elderly,but also affect the development of the elderly care in our country.However,due to the imperfect supervision of private elderly care institutions in my country and the long-term mistrust of the whole society,private elderly care institutions that are still in the groping stage are struggling.Since the elderly care service organization has its own specific characteristic.The important social function and inescapable moral function on its body must be considered,so it can not be supervised like other economic entities.Relying only on simple market self-regulation and ordinary government administrative supervision is not feasible,and special regulations are required.A comprehensive legal system must be used as the basis for comprehensive and dynamic supervision of private elderly care institutions,and special supervision must be carried out whether it is access,operation or termination.Our private pension institutions started late and developed slowly,and the lack of legal supervision is the fundamental reason.The content of laws and regulations on the supervision of pension institutions is relatively less,and daily supervision is mostly based on policy regulations.The legal level of supervision of pension institutions is low,mostly macro regulations,and lack of implementability.At present,the admission of elderly care institutions has been changed from the establishment registration system to the record registration system,but most of the local supporting regulations have not been revised in time,which has increased the burden of the establishment.The provisions of the legal provisions on the supervision of the elderly care institutions are confusing,and it is easy to cause the phenomenon of irresponsibility and mutual wrangling.Some good and effective systems,such as a third-party evaluation system,a written review system,and an on-site inspection system,are covered in legal provisions,but there are no specific regulations and cannot be implemented in actual supervision.There is a lack of regulations on the withdrawal of non-profit private elderly care institutions.Once such an institution closes down,it is easy to cause damage to the interests of the elderly.All of these require us to strengthen the regulatory legislation in this area,pay attention to the completeness and detail of the law formulation,ensure that the supervisors have the law to follow in law enforcement,and the elderly have the legal support when the interests of the elderly are damaged,so as to promote the health and order of the elderly care industry in my country.Development andenhance the happiness of the people.This article analyzes the status quo of private elderly care institutions in my country and learns from the supervision system of foreign elderly care institutions to explore solutions.Introduce the concept and legal nature of private elderly care institutions,provide a theoretical basis for the full text,compare the non-profit private elderly care institutions and for-profit private elderly care institutions in private elderly care,and clarify the importance of administrative supervision over them.Point out the current status and existing problems of the supervision system of private elderly care institutions in my country,including access,operation and withdrawal.Introduced foreign laws and regulations related to elderly care institutions in comparison with my country’s shortcomings in various aspects,considered my country’s private elderly care institution administrative system,summarized the enlightenment from it,and put forward several suggestions for the supervision system of private elderly care institutions in my country.