Research On Tort Liability Of Pension Institutions

An increasing number of elderly population,has made the traditional family endowment can no longer afford,the situation changes in the state,society,institutions inevitably become the main undertaker of future pension problems,in recent years,many investors see the pension industry of this big cake,invested pension institutions,at the same time some time due to family or energy problems,or because of emotional problems,the elderly will be home,to the pension institutions,but because of the particularity of the elderly physiological decline,as well as the services of the pension institution is uneven,the frequent cases of infringement of pension institutions of various types,how in protecting the lawful rights and interests of the elderly cases handling disputes,That's the immediate problem.The main challenges facing the current pension agency tort issues,is the lack of legislation,the complexity of the cases,involving social morality and public opinion pressure,all of these to judge the case has brought a lot of difficulties,by its in the judicial practice,the endowment agencies and the legal relationship of old people should be how to maintain,its security obligations and the difference with the ordinary operator obligation,finally what should pension institution of tort liability imputation,very big gap between the different court referee,for this reason,this paper will be targeted research is put forward.This article is divided into the following parts.Part one,introduction.Firstly,the background and relevant significance of this study were stated.Secondly,the related research results of this subject were stated before.Finally,the research methods and main research situations of this paper were explained.The second part,the introduction of the case.Taking three typical cases of tort of pension service institutions as materials,the author respectively stated the rebuttal of the two parties of the original defendants,and then described the reasons for the judgment of the court on the case,which led to several major controversial issues in judicial practice.The third part,related legal theory analysis.Combined with the aforementioned three cases,the legal theory analysis is mainly aimed at the issues of dispute focus,and the legal relationship between pension service institutions and the elderly,the security obligation of pension service institutions and the imputation of tort liability of pension service institutions are respectively studied.Part four,existing problems and Suggestions.This paper analyzes some problems of existing pension institutions,and puts forward relevant Suggestions,which mainly provide countermeasures for the improvement of legislation,the compensation of social morality and the operation of social capital.