The increasingly severe aging of the population in China has brought great challenges to the social and economic development,and the contradiction between the supply and demand of elderly care services has been increasing.The development of the elderly care service is mainly guided by the existing legal documents,rules and policies of the elderly care service.There are many problems in these documents,such as principle provisions,weak operability,difficult to implement,lack of cohesion,and obvious differences between urban and rural regulations.The basic endowment insurance lacks the top legislative design,the basic medical insurance management department is chaotic,the long-term care insurance legislation is absent,the financial support for the elderly service lacks clear legal standards,the elderly service supervision legal norms are vague and other problems seriously hinder the development of the elderly service in China.This paper puts forward that we should lay a solid foundation of legislation with scientific old-age service theory and adhere to scientific legislative principles.Strengthen the foresight and maneuverability of the old-age service legislation,and solve the linkage among the laws,regulations and policies;To improve the level of legislation,integrate the existing legal documents and policy documents of old-age care services,and issue a comprehensive old-age care service law at the national level.On this basis,the old-age care service law stipulates specific measures of financial support,personnel training system,regulation and supervision special chapters,and unifies supervision departments.In the "social insurance law" to the basic endowment insurance chapter and a chapter of basic medical insurance to increase specific provisions;The Law on Long-Term Care Insurance has been formulated to gradually establish a long-term care insurance system.This paper is divided into six parts: the preface,introduces the origin,background and significance of the topic,domestic and foreign research status and research ideas of the elderly service legislation.The first chapter mainly elaborates the concept of old-age service,and analyzes the feasibility and necessity of old-age service legislation.The second chapter,from the constitution,laws,administrative regulations,local regulations and rules of the status of China’s elderly care service legislation in detail,summed up the existing problems.The third chapter analyzes the foreign legal system of old-age care service,focuses on the analysis of the legislative status of the United States,Japan and Germany,and summarizes the legislative experience worthy of China’s reference.The fourth chapter puts forward specific suggestions on the legislation of China’s elderly service,and analyzes it from three aspects:legislative theory,legislative principle and the construction of a complete legislative system.Conclusion,this paper is summarized and sublimated. |