| With the rapid development of our pension services and the increase of pension institutions, the infringement problems of elderly personal rights in nursing homes have become increasingly prominent. The current law of our nation lacks of explicit specification, the law for pension agency liability is too principle and isn’t operational. Those factors caused the problem that we lack of directly referenced legal norms when to resolve disputes. After the violation of elderly personal right in nursing homes, they are difficult to get effective legal remedies. Because of all this, This paper based on the analysis of current situation of elderly personal rights protection in nursing homes and put forward practical legislative suggestions of elderly personal rights protection in nursing homes by combining comparative study of Chinese and foreign legislation. In addition to the introduction and conclusion, this paper contains five major parts. Outlined as follows:The first chapter is the current situation of China’s pension services. This chapter expounds the existing problems in the development of pension institutions by way of detailed introduction of aging social background and current situation of the development of pension services.The second chapter is the status of elderly personal rights protection in nursing homes and existing problems. This chapter summarizes the main types of infringement cases in practice and the contents of infringement. Explores the difficulties of legal protection in the practice lies in how to identify the fact of infringement and the lack of clear legal basis. Preliminary demonstrate the legislative defects in the aspect of elderly personal rights protection in pension institutions.The third chapter is the comparison and analysis of the extraterritorial law. This chapter conducts a comparative law study from several perspectives of contract content and nature, the access conditions of pension institutions, the relief mechanism and service standard. Firstly, introduce the relevant experience of foreign legislation.and then analyze the existing problems of China’s legislation by combining with China’s relevant laws and regulations. Our legislation does not regulate the content and nature of pension service contract, does not regulate the relationship between pension institutions and the elders and the provisions of pension service standards is not set out.The forth chapter elaborates the legal path to achieve elderly personal rights protection in pension institutions. Put forward three legislative proposals which are relevant legislation should be amended, stipulating operational law rulers and perfecting the relief system of elderly personal rights protection in pension institutions. On the matter of pension service contract nameless, I put forward suggestions on the content and nature of pension service contract. Relax the qualification requirements of the establishment of pension institutions, but strict hardware facilities and service quality. Clear government responsibility and construct service standards. Combined with the experience of foreign legislation I also proposed a suggestion that legal relief system of our country should be established. Specifically, there are constructing abuse reporting system and the legal aid system. Innovation in this chapter is proposing the legal path to transfer pension service risk.The fifth chapter is concrete system design for the elderly personal rights protection. According to the evidence collection problem in infringement disputes, technological management mode is put forward. According to the psychological problems of the old people in the pension institution, right to psychological health should be incorporated into the scope of right to health. Through constructing the mental health system to solve the problem of the infringement of the right to mental health. At last, according to the medical problems in the pension institutions, the legal conception of the combination of medical care system is also put forward. |
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