Research On The Construction Of Legal System Of Social Long-term Care Insurance For The Elderly In China

China’s one-child family only began to popularize in the 1980s.With the aging of the parents of these one-child families,the family pension model where multiple children jointly support the elderly for thousands of years has been greatly impacted.With the acceleration of the aging process of China’s population,the number of incapacitated elderly people is constantly growing,the demand for long-term care for the elderly surges,and the elderly rights and interests protection system faces new challenges.The implementation of China’s family planning policy has led to the continuous shrinking of family size,from 5 persons per household to less than 3 persons per household,which greatly weakens the function of family supporting and makes the burden of family supporting heavier and heavier.Even though China’s family planning policy has been revised,family supporting pressure cannot be alleviated in the short term.In addition,in China’s social insurance system,the endowment insurance mainly provides stable economic sources for the retired people to meet their basic living needs,and the social insurance mainly aims at short-term and regular medical services.Neither can meet the long-term care needs of the elderly.Therefore,in order to alleviate the pressure of population aging,reduce the burden of endowment caused by changes in family structure,and make up for the limitations of social insurance system,it is imperative for the elderly to have long-term care insurance,and the construction of relevant legal system is an inevitable requirement for the effective operation of long-term care insurance.In legal terms,human rights and their universality and equality give legitimacy to the elderly to enjoy various basic rights.Every older person enjoys equal rights to life,development and dignity.The establishment of the legal system of long-term care insurance for the elderly provides guarantee for the realization of the human rights of the elderly,and the concept of human rights provides the foundation for the construction of the legal system.The value of law is realized through the formulation and implementation of law.The establishment and implementation of the legal system of long-term care insurance for the elderly can promote the realization of the concept of equality and justice.The government is an important body in safeguarding the rights and interests of the elderly.Most of today’s international conventions and laws provide for the governmental responsibility of social security,such as the universal declaration of human rights(1948),which provides for the realization of the rights of everyone through national efforts and international cooperation.It can also be seen from the development of China’s social insurance system that the government has always played a role and assumed responsibility.Therefore,the construction of the legal system of long-term care insurance for the elderly is the responsibility of the government.The reference of overseas experience can provide beneficial ideas for the construction of the legal system of long-term care insurance in China.Combined with China’s specific national conditions and the pilot situation of long-term care insurance,the legal system of long-term care insurance for the elderly in China is suitable to adopt the model with social insurance as the main and commercial insurance as the auxiliary,following the principles of appropriateness,distinctiveness and complementarity.On the object,fully cover the social insurance insured population,and try to expand coverage;In terms of capital,it should be Shared by the state,enterprises and individuals,and the individual accounts of nursing insurance and social insurance should be utilized to improve the utilization rate of funds.In terms of payment,an energy loss assessment system is established to provide diversified payment methods for different situations.In terms of supervision,a sound supervision system should be established to clarify the responsibilities of each supervision department.But up to now,our country has not issued the law about the aged long-term care social insurance.Not only that,the academic research on the long-term care insurance system for the elderly is also less,the results are less.Therefore,it is particularly important to explore and build the legal system of social insurance for long-term care of the aged,which is the significance of this paper.This paper has four parts except the introduction:The first part is an overview of the elderly care insurance system,which mainly expounds the concept,characteristics,social standard value,human rights guarantee value and current status of legal protection of the elderly long-term care social insurance.The second part points out the problems in the construction of social insurance system of long-term care for the aged,mainly from four aspects:legislation,object of protection,financing and agency.The third part expounds the regulations of the legal system of long-term care social insurance for the aged outside the region and the enlightenment to China.It mainly expounds the legal provisions of the nursing risk system in Japan,Germany and South Korea.Through the introduction of the specific provisions of the nursing risk system in the countries outside the region,it summarizes the enlightenment for our country to establish this system.The fourth part elaborates the concrete Suggestions on the construction of the social insurance system for the long-term care of the aged,mainly including the formulation of the laws and regulations for the long-term care of the aged,the definition of the applicable subject of the social insurance for the long-term care of the aged,the clarification of the source of funds through the law,and the strengthening of the supervision of the social insurance for the long-term care of the aged.