A Study On The Protection Of The Rights And Interests Of Elderly People Living In Institutions

In recent years,due to the aging of the population and other factors,China is facing increasing pressure in the field of elderly care.The traditional home care model can no longer meet the increasing demand for elderly care,and the advantages of institutionalized elderly care model gradually emerge.The article firstly introduces the background and significance of the research on the protection of the rights and interests of elderly people living in institutions,and systematically elaborates the significance of protecting the legal rights and interests of elderly people living in institutions.Secondly,it explains and discusses the concepts related to the rights and interests of the elderly in the institutional elderly care model.The concept of institutionalized elderly care is clarified and the advantages of institutionalized elderly care compared with traditional home care are compared.After defining the concepts of elderly people and the rights and interests of elderly people,we further discuss the current situation that the rights and interests of elderly people are easily violated in institutionalized care.Based on the current situation of protecting the rights and interests of the elderly in elderly care institutions,the key problems affecting the protection of the rights and interests of the elderly in elderly care institutions are summarized,including:first,the legal system in the field of elderly care services is not complete,and the legislation of relevant legal regulations is too low and the content of the regulations is too principled;second,the entry conditions of elderly care institutions are too low,and the current qualification system of elderly care service practitioners is not regulated too much.The quality and service standards of senior care institutions are not uniform,which adversely affects the living experience and personal safety of the elderly residents;third,senior care institutions set exclusion clauses in advance and do not fulfill their obligations to explain,thus evading their responsibilities;fourth,in case of disputes between senior care institutions and the elderly residents,the burden of proof required of the elderly and their relatives is too heavy,and it is difficult to meet the competing responsibilities of tort and breach of contract.Fourth,in case of disputes between nursing institutions and elderly residents,the current burden of proof is too heavy and it is difficult to choose between tort and breach of contract,which is not conducive to the protection of the rights and interests of elderly residents.In addition,this paper draws on the experience of developed countries in the field of elderly services and the protection of the rights and interests of the elderly.Based on their successful practices in coping with population aging,three typical developed countries,namely Japan,Germany and the United States,are selected to learn from their advanced experiences in institutional elderly care model and protection of the rights and interests of elderly residents.For example,we set the admission conditions for senior care institutions and standardize the service quality standards provided by senior care institutions.Finally,we propose corresponding countermeasures to address the above-mentioned key issues in protecting the rights and interests of elderly people living in institutions.Firstly,we should refine the contents of the current laws on the protection of the rights and interests of the elderly and establish a comprehensive legal system for the protection of the rights and interests of the elderly in senior care institutions;secondly,we should set standards for the entry threshold of senior care institutions,clarify the qualification conditions of senior care service employees and establish a corresponding qualification examination system;furthermore,we should clarify the obligation of senior care institutions to explain,and Finally,when disputes arise between senior care institutions and the elderly,the burden of proof on the part of the elderly and their relatives should be appropriately reduced,and suggestions should be made on the choice of competing tort and breach of contract liability when the elderly are harmed by senior care institutions.This paper hopes that the above countermeasures will improve the protection of the rights and interests of elderly people living in nursing institutions.