Legislative Regulation Of Exception Clauses Of The Service Contract For The Aged In Istitution

With the accelerated development of population aging,the number of pension institutions has doubled,and institutional pension has entered our life.Due to the strong particularity of institutional nursing,and the information asymmetry and cognitive differences among institutions,pension providers and pension counterparts,various contract disputes occur frequently in the highly developed institutional nursing industry.Looking at these contract disputes,it can be said that a large part of them are caused by the exemption clause in the pension contract.At present,the relevant provisions of laws and regulations in China are still imperfect,and the legal regulation on the exemption clause of institutional pension contract needs to be further improved.This is also the original intention of choosing this topic as the topic,hoping to draw the attention of scholars and play a positive role in promoting the development of China’s nursing industry.This paper is mainly divided into four parts to analyze the exemption clause of institutional pension service contract.The main contents are as follows:The first part,China’s institutional pension status and existing problems.Proceed from the social environment background,analyzes the present situation of China’s pension.Through the typical cases,we find the problems in the practice of institutional pension contract in China.The second part is the summary of the exemption clause of the pension contract.This part first introduces the connotation definition of the exemption clause of pension contract,explains what is the exemption clause of institutional pension contract,and the relevant characteristics of the exemption clause of pension contract.Secondly,it introduces the classification of the exemption clause of pension contract and the expression of the exemption clause of pension contract.The third part discusses the necessity of regulating the exemption clause of pension contract.This part mainly discusses the necessity of regulation from three aspects: the contract agreement,the information asymmetry and the demand of public interest.The fourth part,analyzes the present situation and existing problems of the legal regulation of the exemption clause of the pension contract,and puts forward the conclusion of the legal regulation of the exemption clause of the pension contract through the legislative,judicial,administrative and other aspects...