Research On The Security Obligation Of Pension Institutions

With the acceleration of social rhythm,the traditional family elderly care model is gradually declining,and many families are choosing elderly care institutions to take care of the elderly.Disputes over elderly care institutions violating safety and security obligations are on the rise.Starting from big data statistics and typical cases,this thesis summarizes common issues in elderly care disputes: whether elderly care institutions are eligible for safety and security obligations,what are their reasonable limits,and how to choose liability for infringement and breach of contract.Article 1198 of the Civil Code of the People’s Republic of China clearly stipulates that the subjects of safety protection obligations are managers and organizers of public places such as hotels,shopping malls,banks,stations,airports,sports venues,and entertainment venues,or organizers of mass activities.It does not directly state whether elderly care institutions are the subjects of safety protection obligations,nor does it explicitly specify the factors that affect the reasonable limits of safety protection obligations,causing judicial practice to fall into difficulties.Through researching on laws and regulations,legal theories,and industry norms,this thesis finds that elderly care institutions belong to the main category of safety and security obligations.Through a comprehensive analysis of judgment cases,the influencing factors of the reasonable limit of safety and security obligations of elderly care institutions are summarized.In addition,Article186 of the Civil Code of the People’s Republic of China stipulates that if a party damages the legitimate rights and interests of the other party’s person and property due to a breach of contract,which constitutes both a breach of contract and an infringement,according to the principle of fairness,the injured party can only choose one of them to exercise the right of claim.What will be the difference between the injured elderly person(or their family members)choosing different right of claim,this thesis analyzes the limitations of China’s right to request"alternative litigation"through a comparative study of tort liability and breach of contract liability,and proposes suggestions for the elderly to sue under these limitations.