Research On The Security Obligation Of Elderly Care Institutions

With the increasing demand for pension services and the growth of the number of pension service institutions,the number of disputes and lawsuits related to pension services is also increasing.In most of these lawsuits,elderly people were injured or even died due to the violation of security obligations by pension institutions.Although the Civil Code has expanded the obligation of security protection,the current law in our country still fails to provide clear provisions on the limit of the obligation of security protection in operating places.The physical health of the elderly is complicated,which makes the current infringement cases involving the pension institutions violating the security obligation very complicated,and the controversy and social moral and public opinion pressure are very large.These factors bring great challenges to the judge in the judgment of cases.Based on the collation and analysis of 499 effective judgment documents,this paper summarizes the judicial data statistics of cases of pension institutions violating the security obligation from the aspects of the damage types of the elderly and the reasons for pension institutions violating the security obligation,and summarizes the relevant research questions.Then it analyzes the standard dilemma of security obligation identification and responsibility identification dilemma of pension institutions.In fact determination,the burden of proof distribution is not clear,so it is difficult for the injured elderly to provide evidence.In terms of liability identification,firstly,it is unclear what kind of liability the pension institution bears in the cases involving the third party;secondly,it is unclear how to define the involvement of injury and the proportion of responsibility to bear;thirdly,it is unclear whether the public welfare can be used as the basis for reducing the responsibility of the pension institution;fourthly,there is a judicial tendency to generalize the identity factors of "the elderly",which imposes excessive responsibility on the pension institution.Finally,it discusses the improvement of judicial identification of security obligation of pension institutions.This paper believes that the identification of security obligation of pension institutions should be based on specific identification standards,namely,contract agreement,legal provisions,national and industrial standards,supplemented by abstract identification standards,namely,duty of care standard of good managers,and comprehensive consideration should be made based on individual cases.For the principle of liability,it is necessary to distinguish according to the civil capacity of the elderly.For the elderly without civil capacity,the principle of presumption of fault should be applied,and the burden of proof should be borne by the pension institutions.In the aspect of responsibility,this paper argues that the form of responsibility of pension institutions should be transformed into a diversified liability system in the case of infringement involving the third party.For the involvement of injury,the court needs to make a fair and reasonable judgment based on the overall consideration of the cause of the accident,the specific circumstances and the degree of fault of the parties.Pension institutions are faced with a greater risk,and the cause of the pension in our country is in the initial stage.To a certain extent,we should consider public welfare of pension institutions,and not take excessive responsibility on pension institutions according to the principle of fairness,so it can be beneficial to the development of the pension service industry.