Research On Legislation Of Long-Term Care Insurance For The Elderly In China

At present,in order to cope with the increasingly serious aging phenomenon,China has drawn lessons from foreign experience to explore the long-term care insurance system for the elderly.State authorities have issued regulations on a nationwide trial of long-term care insurance for the elderly.Many provisions of domestic pilot cities benefit the elderly a lot,and some progress has been made in the design of the corresponding insurance system,but there are still a lot of problems in the long-term care insurance for the elderly in China.This paper attempts to solve the related problems of the long-term care insurance for the elderly through legislation.This article contains five parts.The introduction mainly analyzes the background and significance of the long-term care insurance for the elderly.The first chapter analyzes the theoretical basis of the long-term care insurance for the elderly.The second chapter points out the prominent problems in the implementation process of the elderly care insurance in China.On the one hand,the legislative level is low,the good policies in the pilot cities are difficult to be implemented nationwide,and the fund raising lacks the corresponding legal basis.Related legal concepts defined on the other hand,the lack of unified terms and explain,at the same time,the legal relation about the elderly long-term care insurance community and pilot cities is not authoritative interpretation,make each main body power and responsibility is not clear,and care insurance lack of corresponding supervision is the prominent problems in practice;The third chapter summarizes the experience of extraterritorial legislation;The fourth chapter is mainly aimed at the problems raised above on the legislative level to solve.Content mainly includes the following several aspects:first,to establish a unified the elderly long-term care insurance law,the insurance is independent of the existing social insurance legislation,alone in the light of the related subject of insurance involved and body through the research of the legal relationship between clear the main body of rights,obligations and should bear the responsibility.For example,what kind of service should the care institution as an insurance assistant provide in the care process,how should the relevant state organs supervise its behavior,and what responsibilities should the care institution undertake when the rights of the elderly are violated;Secondly,in view of the current problem of insufficient and low quality care personnel,we should design the policy for the training of care personnel at the national level,increase the investment in personnel training,and improve the treatment of care personnel.Thirdly,in view of the problem of fund raising,we should draw lessons from the experience of fund raising and operation of endowment insurance and medical insurance to ensure the sustainability of the fund of care insurance.Strengthen the supervision of care institutions and other related institutions,stipulate specialized agencies to conduct regular supervision,draw lessons from the good system design of pilot cities,and carry out nationwide promotion;Finally to care that may occur during the process of the phenomenon of the elderly rights violated,relevant legislative design,such as for the elderly rights violations,the elderly can not serve as independent right person request relief,whether their relatives can be regulation,the content of the lawsuit of the related content of right remedy for this particular special legislation.Old people care for insurance law for a long time to belong to the content of social security law,country and society according to old people rights and interests safeguard,the content such as the obligation of the country to the citizen assumes corresponding responsibility.This paper attempts to effectively promote long-term care insurance nationwide from the legislative level,and proposes some legislative solutions to the problems arising in the current implementation process,in the hope of providing some suggestions for the legislation of long-term care insurance for the elderly in the future.