Research On Civil Legal Relationship Of The Community Service Contract For The Elderly In China

2013" Several Opinions of the State Council on Accelerating the Development of thePension Service" makes clear the purpose from the very beginning that:" In recentyears, China’s Pension Service develops rapidly and the Pension Service System basedon the home,community and agency is establishing gradually ",thus sets an status ofthe Pattern of Community Service for the Elderly in the Pension Service System.Community Service Contract for the Elderly is playing a basic and key part in thePattern of Community Pension Service. As the Pattern of Community Pension Serviceshrinks,it seems more and more important to study the legal relationship of theCommunity Service Contract for the Elderly from the perspective of civil law.The first part of the paper gives the Community Service Contract for the Elderly alegal definition.Firstly,Community Service Contract for the Elderly means paid andunpaid contracts signed between the elderly(including their relatives)or thegovernment and the community pension service agency held by various social forcesfor the community pension service.Secondly, according to the specific kind of thePattern of Community Pension Service, the Community Service Contract for theElderly is divided into the Community Pension Service Contract Purchased Privatelywith the Community Service Pension Contract Purchased by the Government.Theformer refers to the contract signed between the elderly(including their relatives)andcommunity pension service agency with the content of the community pensionservice.The latter refers to the contract signed between the government (civil affairsdepartment) with the social functions of pension service and the community pensionservice agency, the community pension service agency provides community-based careservices to the elderly and the government (civil affairs department) pays theappropriate fee in accordance with certain criteria.Lastly,make clear that theCommunity Pension Service Contract Purchased Privately bears some analogy to theContract of Hired Work;the Community Service Pension Contract Purchased by theGovernment bears some analogy to the Contract of Mandate and it meets the relationalstructure with Contract for the benefit of the Third Parties.The second part of the paper compares the difference between the Community ServiceContract for the Elderly and the Social-Profit Agency Service Contract for the Elderlyand discusses the rights and obligations of the Community Pension Service Contract Purchased Privately and the Community Service Pension Contract Purchased by theGovernment on the basis of the first part of the paper.The third part of the paper analyses the legal liability about the Community ServiceContract for the Elderly on the basis of the analysis about legal dispute of theCommunity Service Contract for the Elderly presently in our country and the referenceto the Japanese typical case and the related theories on the Community Pension ServiceContract.Specifically analyses:the defect criteria of community care services,compensation for spiritual damages caused by the Community Pension ServiceAgency’s breach of the contractual obligations;the responsibility of the elderly and thegovernment for the breach of the contract;the responsibility principle of the liability forbreach of Community Service Contract for the Elderly and the exemptions.