养老机构照护风险与防范机制研究

A Study of Care Risks and Prevention Mechanisms of Nursing Home

在人口老龄化和生育率下降的社会背景下,机构养老逐渐成为一种重要的养老方式。然而,随着养老行业的飞速发展,养老机构所涉及的纠纷案件逐年增长,养老机构正面临着照护危机。基于现有案例与数据分析,揭示目前养老机构所处的现实状况,探究养老机构照护风险的类型,发现当前养老机构照护风险主要源于养老服务合同示范文本不规范且配套性规定不足、养老照护制度与老年监护制度缺乏衔接、养老机构与入住人家属存在认知差异与误解等方面的问题。为此,从法律和管理两个层面提出完善养老服务合同的相关立法、配备符合老年人的硬件设施等建议,以期为养老机构建立完善的照护风险防范机制提供参考。

Against the social backdrop of an aging population and a declining fertility rate,institutionalized elderly care is gradually becoming an important way to provide for the elderly.However,with the rapid development of the senior care industry,the number of disputes involving senior care institutions is increasing year by year,and senior care institutions are facing a care crisis.Based on the analysis of existing cases and data,we reveal the reality of the current nursing institutions,explore the types of nursing care risks,and find that the current care risks in elderly care institutions are mainly due to the fact that the model text of the elderly care service contract is still not standardized and has insufficient complementary provisions,the elderly care system is not linked to the elderly supervision system,and there are cognitive differences and misunderstandings between the elderly care institutions and the family members of the residents,and so on.In this regard,we have put forward proposals to improve the legislation on the contract for elderly care services and to equip hardware facilities that meet the needs of the elderly from both the legal and administrative levels,with a view to providing reference for the establishment of a sound risk prevention mechanism for elderly care organizations.