Theoretical Analysis Of The Legal System Of Long-term Care Insurance Under The Background Of Aging

With the deepening of the aging degree of our population,the number of old people losing basic living ability is increasing.Long-term care and medical services must be provided to persons with disabilities,dementia,self-care difficulties or serious illnesses.At the same time,with the change of the gender structure of the working population in modern society and the division of the family intergenerational structure,the family care function is gradually weakened,and the risk of protecting the rights of the elderly is changing from a family risk to a social risk.Therefore,the establishment of long-term care insurance system is imperative.This paper is divided into five parts: the first part is the introduction.Starting from the background of the topic,the significance of the topic,the research status and research methods at home and abroad,this paper discusses the legal system of long-term care insurance.The second part is the theoretical analysis of the legal system of long-term care insurance.This paper expounds the legal relationship of long-term care insurance including the basic connotation,subject,object and content,etc.The institutional attributes of long-term care insurance include the attributes of social insurance and commercial insurance,as well as the institutional selection under the active aging situation,institutional measures for rational allocation of medical resources,and institutional significance of the institutional scheme to solve the family pension dilemma.The third part is the status quo and problems of the legal system of long-term care insurance.The current situation of the legal system of long-term care insurance in our country starts from the current laws and regulations and the pilot situation,combing the promulgation and implementation of laws and regulations and the pilot situation of a number of pilot cities to analyze,the existing problems of the legal system of long-term care insurance through the analysis of the two from the perspective of the scope of participation,financing mechanism and payment mode.The fourth part is the analysis of the extraterritorial legislative model of the legal system of long-term care insurance.It selects Germany,the United States and Japan,which are representative and of reference significance,to analyze the legislation of long-term care insurance,and obtains inspirations such as improving the legal system,expanding the scope of insurance participation,optimizing the financing mechanism and developing diversified payment methods.This article provides an effective idea for the legislation of long-term care insurance.The fourth part is the legislative suggestion of long-term care insurance legal system.First of all,it is clear about the property of long-term care insurance in our country,including to define whether it has independent legal status and what kind of insurance attribute.Secondly,it analyzes the legislative mode and form of the legal status of long-term care insurance.Finally,the system contents of long-term care insurance are suggested.Specifically,it includes the definition of the coverage,that is,the influence of age,nationality and other factors on the coverage,as well as the distinguishing mode of the coverage of commercial long-term care insurance and social long-term care insurance.To improve the financing mechanism,namely,to construct a diversified financing mechanism in which the insurance applicant,the employer and the state jointly bear the insurance costs,get rid of the medical insurance fund from the long-term care insurance fund demand,improve the independence of long-term care insurance,and provide institutional conditions for the separate legislation of the long-term care insurance legal system;This paper puts forward suggestions on the payment methods,analyzes the advantages and disadvantages of each system and the implementation situation from the perspectives of family care,community care and institutional care,provides support in the form of legislation,and improves the payment methods of long-term care insurance.Based on the current national conditions of our aging society,this paper selects the scope of insurance participation,financing mechanism and payment mode to cut into the research,combing the current regulations,pilot situation and foreign legislation,trying to provide feasible suggestions for the future legislation of the long-term care insurance legal system.