The Dilemma Of Judicial Adjudication Of Tort Liability Of Elderly Institutions And The Way Out

In the face of the challenges brought by the aging of the population,the report of the20 th CPC National Congress calls for "implementing the strategy of actively dealing with the aging of the population" from the perspective of national strategy.However,at present,as the last line of defense of social pension construction,pension institutions can not fully meet the requirements of high-quality development of pension services.in addition,due to the contradiction between the rapid development of pension industry and the lag of legislation,the number of tort cases of various pension institutions is increasing day by day,it has become a top priority to effectively deal with disputes and disputes while protecting the legitimate rights and interests of the elderly.Pension institutions are institutions that provide housing,life and medical services for the elderly,with public welfare,welfare,and should have a certain "quasi-market" nature.The tort liability of pension institutions refers to the legal liability that the elderly should bear due to negligence,intention or violation of laws and regulations when taking care of and caring for the elderly.Its basic types are mainly divided into the liability caused by the service facilities of pension institutions,the liability caused by tort in the service process of pension institutions and the tort liability of omission of pension institutions.Compared with the general tort liability,the tort liability of pension institutions is more special,which is mainly reflected in three aspects: special subject,special liability and inadequate relevant legal provisions.According to the basic connotation and characteristics of the tort liability of the above pension institutions,this paper makes an overall exploration of its judicial application with specific cases.The author takes October 31,2022 as the deadline on the Chinese judicial documents website,with "pension institution","cause of case: tort liability","security obligation","supplementary responsibility".Three types of legal documents were searched with the key words "burden of proof".A total of 264 cases were obtained after screening.Through statistics and comparison,the author combs the differences and common points among the cases,which leads to the judicial dilemma in judicial practice.According to the analysis of the above-mentioned judicial dilemma,the author uses the jurisprudential method to explain the security obligations that the pension institutions should perform and the supplementary responsibilities that the pension institutions should bear when the third party commits torts.And what kind of imputation principle should be applied to the cases of tort liability disputes of pension institutions.Finally,according to the previous discussion,for the judicial dilemma of tort liability of pension institutions,the author puts forward some targeted solutions,such as defining the security obligations of pension institutions,detailing the provisions of supplementary liability of pension institutions,and improving the application of the principle of presumption of fault,in order to provide theoretical support and reference for the settlement of relevant pension tort liability disputes in the future.