The Government Buys Home Care Services Research On The Protection Of The Rights And Interests Of The Elderly

Our country into an aging population rapid increase for a long time,the major changes in population structure of the family endowment ability decreased significantly,and the government as the legal subject,also difficult to fully meet the new era of people growing diversity,personalized pension service demand,the introduction of social power supply services,become the key to solve the pension problem.In the case that socialized pension has become an inevitable trend,due to the influence of traditional moral and ethical concepts and the dependence of the elderly on the family environment,most of the elderly are more inclined to home pension than institutional pension.China also puts forward the principle of "home-based,home-based,community-based and supplemented by institutions".The importance of home-based care services is self-evident,and the government purchase of home-based care services has become an important measure to meet the needs of the elderly and protect the rights and interests of the elderly.However,through the comparative analysis of existing laws and regulations,normative documents and local purchase contracts for home-based care services,there are shortcomings in the protection of the relevant rights of the elderly: the elderly have insufficient choice,the service supply deviates from the actual demand;the rights of quality services are not fully realized,the service quality is uneven;the dispute resolution mechanism is not effective,and the rights relief of the elderly is facing difficulties.The reason is the lack of direct regulation on the rights and interests of the elderly under the "binary procurement" system,the decision stage,the government administrative preference replaces the elderly,and the relief effect is limited.As the key subject,the realization degree of the rights and interests of the elderly is directly related to the implementation effect of the government’s purchase of home-based care services.Therefore,based on the logic of rights and interests protection of "legislative improvement-process supervision-infringement relief",The following countermeasures are proposed: First,Establishing a legal system of "Tripartite purchase",Clarify the subject status and rights and interests of the elderly,Constrain government purchases,Promote the purchase focus to pension needs to meet;second,Establish a regulatory mechanism centered on the service objects,With the help of the post-order purchase competition mechanism and the independent third-party supervision mechanism,Give full play to the key role of the elderly as the service object in the subject of opinions and the supervision of service quality;third,Explore the phased litigation remedy way under the guidance of double-order theory,Supplement to the original non-litigation relief,Form "complaint-mediation-litigation" multiple dispute resolution mechanism.So as to ensure the rights and interests of the elderly in the government purchase of home care services,promote the government purchase of home care services to play an ideal effect,and further realize the comprehensive protection of citizens’ pension rights.