Research On The Legal Dilemma And Countermeasures In The Development Of Home-based Care Services

The ageing of our society is deepening,and the problem of social care for the elderly is serious.At present,the way to solve the problem of social elderly care in China is to vigorously develop home-based care services.Due to the lack of historical background,theoretical basis,and practical experience of home-based care services in China,and no laws and administrative regulations on home-based care services have been promulgated.Provinces and cities will inevitably encounter many difficulties and challenges in developing home-based care services,even fall into legal dilemma.Based on the analysis of the concept,theoretical basis and practical significance of home-based care services,this paper summarizes five practical problems,focusing on the development status of home-based care services in Chongqing and other provinces,and then,combined with the legal situation of home-based care services,explains the reasons behind the five practical problems from the perspective of law.In the absence of home-based care services laws and administrative regulations,the difficulties encountered in the development of home-based care services are,on the surface,practical problems,and in essence,legal difficulties.Five practical problems correspond to five legal dilemmas: the low degree of legalization of home-based care services,the lack of main system,the lack of security mechanism,the lack of access system and supervision mechanism of service providers.It is necessary to fill the legal gap,guide the development of practice and safeguard the rights and interests of the elderly through legislation.The first part defines the related concepts of home-based care services,analyzes the reasons for choosing the key word "home-based care services",and gives a brief introduction to day services and home services.Secondly,it expounds the theoretical basis and practical significance of home-based care services,which is based on the theory of citizens’ pension right,welfare pluralism theory and government purchases services theory.It can greatly relieve the pressure of social pension,effectively meet the psychological needs of the elderly,and improve the social pension service system.The theoretical concept matches with the actual needs,and it can more comprehensively reflects the necessity of home-based care services.The second part first explores the development of home-based care services in Chongqing and other regions.Different government-purchase-service models have different effects and style.Secondly,based on the current situation of the development of home-based care services in Chongqing,this paper summarizes five practical problems: the lack of legal basis for home-based care services,the poor service capacity of non-profit service providers,the most difficult elderly people are not fully guaranteed,and the lack of access threshold and supervision standards for service providers.The third part first analyzes the legal status of home-based care services at the national and local levels,the national level is lack of national laws and administrative regulations,and the local level is lack of operability of local laws and regulations.Secondly,in the absence of legal system,the essence of five practical problems is analyzed from the perspective of law,which are the five legal dilemmas:the low degree of legalization of home-based care services,the lack of main system,the lack of security mechanism,the lack of access system and supervision mechanism of service providers.The fourth part is foreign practice and domestic theory.In the part of foreign practice,it explores the historical development of home-based care services in the United States,the United Kingdom and Japan,and the evolution of laws and regulations.It expounds the free market model in the United States,the government led model in the United Kingdom,and the government complement model in Japan,and draws on the experience of three developed countries with serious aging to solve the problem of social elderly care.In the part of domestic theories,it summarizes the viewpoints of legal scholars on the right and legal system of providing for the aged and the legal nature of the government’s purchase of home-based providing for the aged.Home-based care service is a social security service aiming at the achievement of the rights and interests of the aged and coexisting public law and private law.The fifth part is the countermeasures to solve the legal dilemma of home-based care services.In view of five legal dilemmas,five countermeasures are put forward.The first is to improve the legalization of home-based care services to guide practice,and to introduce laws and administrative regulations on home-based care services coordinated with other substantive laws and procedural laws.The second is to establish a home-based care service main body system,unify the home-based care services provider as a profit-making legal person,and eliminate the government’s formal purchase of home-based elderly care service mode.The third is to improve the home-based pension service security mechanism.The government should establish a needs assessment system and expand the security mode for the elderly in need.The fourth is to build the access system for the main body of home-based care service,and implement the rigid requirements of service site,service personnel and service content in the early stage.The fifth is to build a supervision system for the main body of providing home-based care services,endow the government with supervision power and formulate specific measures through legislation and administrative contracts,and the elderly and their guardians who receive services will conduct supervision and feedback through the Internet platform.