Research On The Legal Relationship Of Medical Pension Service Contract

In recent years, with the social aging process, a kind of "medical raising combined with the pension service model appeared, which led to the pension service industry changes.The author of this new pension service model called medical care service, the mode of integration of medical and pension pension two resources to achieve optimal allocation social resources. At the same time, it is different from the traditional pension services,because of the particularity and the complexity is also facing some problems and disputes.For example, how to define the medical care service provider defects; in the adjustment of the elderly nursing level, the problems of how to qualitative and when the elderly; the case of infringement, the service provider is responsible for liability for breach of contract or tort liability, both competing and problems, this paper in the overall framework of the legal relationship between medical care service contract under the exploration of these problems with To discuss, the purpose is to provide positive and beneficial guidance for practice.The first chapter is the introduction. Firstly, the paper introduces the background of medical care service for the aged, summarized the causes of the new service model, which is the integration of the practical needs of medical resources and endowment of resources and market competition mechanism, the drive, as national policy support and guide just outside. The second part is the status of theoretical research. It is pointed out that for medical care service for the aged research mainly concentrated in the field of sociology and law theory research is rare.The second chapter for medical care service contract summary, interpretation of the medical care service for the aged in reality existence state. So we can draw a conclusion that the definition of medical care service contract. Then through and the medical service contract, analysis of pension service contract that medical care service contract "advantages and disadvantages in the application of law.The third chapter is the main body of medical care service contract definition,expounds the service provider qualification, composition range, the legal status of the legal status and staff as well as the development of new trend that Beijing, Tianjin, the integration of medical care service institutions and legal status. A service each other. It mainly introduces the qualification, scope and legal status. In this chapter, for service supplier qualification was discussed in detail. This is because the services provided are consistent with the supplier's qualification requirements directly related to the quality of life of the quality of medical care service for the aged and the elderly.The fourth chapter is the object of legal relationship of medical care service contract,first of all, summarized the general theory concerning debt of the object, the subject relationship with the object, the author thinks that debt should be the object of the dual structure, namely the payment and payment behavior. Then points out the particularity and complexity of the object of legal relationship of medical care service contract, to come to the conclusion that it is the root cause of the flawed services is difficult to determine and disputes arising from the.The fifth chapter introduces the right to medical care service contract subject,including services provided the supplier's reward request right, which is the fulfillment of their obligations and the basis of the; service each other's rights mainly refers to the request to arrange the right to medical care service and to provide oversight of service and so on.The sixth chapter is the obligation of medical care service contract subject and legal consequences of violating the duty, includes service supplier obligation and attached with obligations and service in each other's payment obligations and report of the characteristics of the obligation. The service provided the supplier's payment obligation can best embody medical care service, for example, according to the agreed without distinction to provide health care and pension service obligations, comprehensively provide the obligation of medical care service for the aged, timely adjustment of the level of care obligations such as.For contract legal relationship, the interpretation of compulsory occupy a larger space is because the obligation to perform in fact the parties the right to enjoy,The seventh chapter is the conclusion, which is the summary of the full text, points out the inevitability of the emergence of medical care services, and provide meaningful guidance for the settlement of disputes in practice.