The Generalization and Reconstruction of Duty of Safety Protection of Elderly Care Institutions
The analysis of judicial data on disputes over personal injury compensation in elderly care institutions shows that the boundary of the duty of safety protection of elderly care institutions is vague,and there is a trend of continuous expansion.In judicial practice,there are problems such as unclear standards of duty of safety protection,excessive application of reversal of the burden of proof,non-exemption from liability despite statutory grounds for exemption,and the transformation of complementary liability into primary liability.The generalization of the duty of safety protection of elderly care institutions stems not only from ambiguity,omissions and contradictions in legislation,but also from the insufficient understanding by judges of the current situation and development patterns of the elderly care industry.The generalization of the duty of safety protection of elderly care institutions has constrained the space for the survival and development of the elderly care industry,and has an adverse impact on the implementation of the national strategy to actively address the population aging problem.In order to foster a good ecological environment in the elderly care industry,it is necessary to clarify the attributes,boundaries,and standards of the duty of safety protection of elderly care institutions,and reconstruct the safety and security obligation system.
elderly care institutionsguardianduty of safety protectiongrounds for exemptioncomplementary liability
万方数据
维普
