老龄化时代背景下居家养老服务合同法律研究

A Legal Study on Home-Based Elderly Care Service Contracts in the Context of Population Aging

摘要: 在我国深度老龄化社会持续推进的背景下，居家养老已成为覆盖人群最广、社会接受度最高的主流养老模式。伴随养老服务市场化、专业化水平不断提升，居家养老服务合同作为界定服务双方权利义务、分配服务风险、化解养老纠纷、保障老年人合法权益的核心法律工具，其制度完善程度直接关系养老服务行业规范化发展与老年友好型社会建设。然而在司法实践与行业运行中，居家养老服务合同仍面临人身属性特殊、与传统合同规则冲突、主体关系复杂、责任界定模糊、法律属性不清晰、法律适用混乱、合同订立与履行不规范等现实困境。本文以《民法典》《老年人权益保障法》为规范基础，对居家养老服务合同的内涵、法律属性、实践模式展开系统分析，针对人身属性冲突、主体责任不清、法律适用混乱、合同运行不规范四类突出问题，提出构建特殊合同规则、厘清多方权责边界、明确法律定位统一裁判标准、规范合同全流程管理的对应优化路径，推动居家养老服务合同制度走向体系化、法治化，为保障老年人享有安全、优质、有尊严的居家养老服务提供坚实的法治支撑。

Abstract: Amid the continuous advancement of a super-aged society in China, home-based elderly care has become the mainstream model with the widest population coverage and the highest social acceptance. As the marketization and professionalization of elderly care services continue to improve, the home-based elderly care service contract serves as a core legal instrument for defining the rights and obligations of both parties, allocating service risks, resolving elderly care disputes, and safeguarding the legitimate rights and interests of older adults. The degree of institutional refinement of such contracts directly impacts the standardized development of the elderly care service industry and the construction of an age-friendly society. However, in judicial practice and industry operations, home-based elderly care service contracts still face practical dilemmas: the special personal nature of the services, conflicts with traditional contract rules, complex principal relationships, ambiguous liability demarcation, unclear legal attributes, chaotic legal application, and non-standardized contract formation and performance. Drawing upon the Civil Code and the Law on the Protection of the Rights and Interests of the Elderly as normative foundations, this paper conducts a systematic analysis of the connotation, legal nature, and practical models of home-based elderly care service contracts. In response to four prominent issues—conflicts arising from personal attributes, unclear principal responsibilities, chaotic legal application, and non-standardized contract operations—this study proposes corresponding optimization pathways: constructing special contract rules, clarifying the boundaries of multi-party rights and responsibilities, establishing unified legal positioning and adjudication standards, and standardizing the full-process management of contracts. These measures aim to promote the systematization and legalization of the home-based elderly care service contract regime, thereby providing solid legal support for ensuring that older adults enjoy safe, high-quality, and dignified home-based elderly care services.