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

With the deepening of the aging of population,the number of disabled persons in China is on the rise obviously.However,the family care mode of traditional society has been unable to meet the increasing nursing needs of disabled persons,so it is urgent to solve this problem through institutional innovation.The fifth plenary session of the 18 th CPC central committee and the office of the ministry of human resources and social security clearly put forward the requirement of exploring the establishment of long-term care social insurance system.Therefore,it is of great theoretical and practical significance for China to successfully cope with the aging population and improve the social insurance system.Based on the author's experience in the pilot work of long-term care social insurance,this paper analyzes the jurisprudence of long-term care social insurance system on the basis of analyzing the practical experience and problems at home and abroad,and puts forward suggestions on the construction of long-term care social insurance system in China.This paper is divided into four parts.Based on the legal definition of the concept and content of the long-term care social insurance system,the first part focuses on the characteristics and existing problems of the long-term care insurance system of 15 pilot cities and some non-pilot areas designated by the ministry of human resources and social security,mainly including the lack of legislation,the scope of insurance,fund raising,fund operation,insurance payments,nursing services and other aspects of the problem,it provides a good reference for the specific design of China's long-term care insurance system.The second part mainly summarizes and analyzes the experience and lessons of other country.The foreign research results have a good reference significance for the construction of long-term care social insurance system in China,but can not be copied completely,we need to combine our actual condition on the basis of comparative analysis to draw on the reasonable components.The third part carries on the jurisprudence analysis to the long-term care social insurance system.This paper focuses on elaborating the legal value in five aspects,that is,fully guaranteeing the life right of disabled persons,fully guaranteeing social equity,fully reflecting social justice,fully guaranteeing social security,and fully reflecting the guarantee of government responsibility to the value goal.The fourth part is the key point of this paper,and puts forward specific suggestions for the construction of long-term nursing social insurance system in China.The legislation of long-term nursing social insurance in China should follow the principles of suitability,the corresponding principle of rights and obligations,and the principles appropriate protection,and adopt normative legislation technology,and incorporate into the “social insurance law” for overall legislation.In the specific design of the long-term care social insurance legal system,the following main matters should be stipulated: long-term care social insurance insurant,fund management,operation and supervision of long term care social insurance,establish scientific disability assessment mechanism and insurance payment method,standard service forms,assessment evaluation and supervision mechanism of long-term care;At the same time,clarifying the legal responsibility of long-term care social insurance and establishing the dispute settlement mechanism and corresponding supporting mechanism,so as to ensure the smooth implementation of China's long-term care social insurance system.Constructing a long-term care social insurance system suitable for China's national conditions and maintain the operating environment conducive to the development of long-term care social insurance system can promote the improvement of China's social insurance system,and promote social stability and social harmony in China.