Research On The Principle Of Liability For Torts In Nursing Home

For the past few years,with the increasing aging of China’s population and the gradual change of traditional concepts,more and more elderly people begin to choose to live in pension institutions to spend their old age.At the same time,as a place that provides centralized residence and professional care services for the elderly,the tort liability disputes in pension institutions frequently occur.At present,China has not yet built a complete legal system to protect the rights and interests of the elderly,and the legal provisions on tort liability do not treat pension service institutions as the subject of special liability.There is a lack of research on the tort of pension service institutions in academic circles,and the application of the principle of imputability is rarely involved.Based on pension agency tort as the breakthrough point,the concept of comprehensive using the method of case analysis,comparative research,summarizes the judicial practice in dealing with such cases of infringement imputation principles applicable main difficulties faced by,and in other country,on the basis of national legislation and practical experience,put forward to build endowment institutions infringement binary imputation principles applicable system as the core of some Suggestions.In addition to the introduction and conclusion,this paper mainly divides its content into the following parts:The first part: An overview of the tort problem of pension institutions.This part first clarifies the specific meaning of the core concept of "tort of pension institutions",then elaborates its particularity,and finally compares and analyzes the application of the principle of imputability in tort of pension institutions with that in educational institutions and medical institutions.The second part: Imputation Principles and Theoretical Basis of Infringement of Elderly Care Institutions in China.This part introduces the liability principle that may be involved in the infringement of pension institutions in China,and analyzes their theoretical basis and their advantages in judicial application.The third part: Difficulty in the Application of the Principle of Imputation in the Tort Judgement of China’s Elderly Care Institutions.In this part,the laws and regulations involved are sorted out and reviewed,and the relevant judgment documents are retrieved and statistics are made.The typical cases involving the application of the principle of imputability are analyzed,and the problems existing in the application of the principle of imputability in the judgment of infringement cases of pension institutions are summarized.The fourth part: Extraterritorial study on the principle of liability for tort of pension institutions.This part combs the special provisions and theoretical research on the principle of tort liability of the United States,the United Kingdom,Germany and Japan,and discusses the reference and inspiration to China based on their practical experience.The fifth part: Perfecting the Tort Imputation Principle of China’s Pension Institutions.This part based on the previous part of the analysis and demonstration,draw lessons from outside part of the national pension agency tort imputation principle of the applicable law and theory research,combined with China’s relevant judicial main difficulties faced by the referee,endowment institutions against infringement build a binary imputation principles applicable system as the core of perfect paths,In order to realize the effective regulation of related tort liability disputes,so as to ensure the stable development of the pension service industry while comprehensively safeguarding the legitimate rights and interests of the elderly living in pension institutions in China.