Study On The Legislation Of Endowment Service In China

The long-term practice of endowment service, promoted the formation of old-aged servicesystem and consumer market in our country. So, the development of pension service in our countryhas made great achievements. But there are still some deficiencies, such as pension services andproducts market are not mature, the implementation of supportive policies are not in place, thescarcity of laws and regulations are still very prominent. This thesis believes to ensure stable andrapid development of endowment service in the background of aging population, which will besure to accelerate the progress of legislation of endowment service in china. The legislation shouldbe based on the basic law, the form of pension services to specifically regulate, develop "old-agedservice promotion law". In order to improve the service for the aged in the legal status of the wholecountry, a specific system, the establishment of conditions should be scientific planning, clearcommunity home-based care services facilities and the pension service, establishing employeesaccess, assessment system, preferential tax policies of land, perfect; also shall establish and perfectthe guarantee and incentive measures to further improve the pension services, pension servicedisputes mechanism and legal liability system.This thesis is divided into four parts:The first part is preface. This part mainly launches from the research background, researchsignificance, the domestic and foreign research status of pension service perspective, in order toprepare the writing for next part of the thesis.The second part is on the basic problem of endowment service description. As the object ofstudy of this thesis, which will be the first on the endowment service is defined, then the basicknowledge of pension service briefly, by the end of the development of China’s old-aged servicesystem of carding, since entering the aging of the population, status of old-aged service system inchina. Overall, the pension service in China is still at the initial stage of development, the pensionservice market is not mature, common problems such as the service level is not high, competitionmechanism is not perfect, the service personnel overall quality is still low, the pension servicedevelopment faces many problems. The existence of these problems led directly to thedevelopment level of service for the aged in our country is not high. However, by its nature, lack oflegal system is the main obstacle to the development of nursing service in china.The third part is the analysis of necessity and feasibility of legislation of endowment service.At present, China has developed a policy file to a large number of and to guide the development ofpension services, and achieved remarkable results, many normative documents including the "protection of the rights and interests of the people’s Republic of China" the elderly, made thecorresponding provisions of pension service. However, because most documents are lack ofpractical operability, the legal effect is not high, led to the development of pension service lacks theeffective guarantee of the law. Speed up the pension service special legislation, improve the legalstatus of pension service, can help to solve the problem of application of law of endowment service,provide legal guarantee for the development of endowment service; also to improve the legalsystem of endowment service, improve the pension service standard system. At present, in thedevelopment of China’s old-aged service process has gained rich experience and the developmentof the endowment service of normative documents large, useful reference and foreign servicepension legislation, the pension service in China with the internal conditions and externalenvironment legislation.The fourth part is the thinking of constructing the legal system of our countries’ old-agedservice. This thesis thinks, pension service legislation should first clear the problem is its legalposition, adjust according to the nature of the object of pension services and "pension services,pension service law" legislation should adhere to the direction of the development of economic law.Legislative choice, should be based on the basic law is the "endowment service promotion law" inthe form of pension services for special specification, and establish a perfect legal system ofpension service. Facilities such as clear construction, community service of aged care at homepension service, qualification examination system, pension service market practitioners of thecultivation, the price mechanism and the implementation of preferential system. On this basis,further improve the department law and local legislation, to establish and perfect the legal systemof endowment service.