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大力促进机构养老事业的发展是养老社会化和人口老龄化的必然要求,但当前我国大多数养老服务机构因面临诸多经营风险而步履维艰,其中入住老人意外伤害事故就是其稳健经营的主要障碍之一。面对格式化免责合同和示范协议在转嫁经营风险上的失效,保险技术被寄予重托,各地围绕合适的保险方式的探索也渐成规模,但对于“责任险”还是“意外险”?“民事责任”还是“保险责任”?等基本问题的不清晰影响了这份特殊保险事业的发展。基于此,本文提出明确责任保险、拓宽保险责任或严格民事责任、实行费率改革等发展对策。
Vigorously promoting the development of institutional pension services is an inevitable requirement for the socialization of old-age pension and population aging. However, most of the pension service organizations in our country are struggling with many operational risks. Among them, accidental injury to the elderly is one of the main obstacles to their steady operation . In the face of the failure of the format exemption contract and the model agreement in shifting the business risk, the insurance technology was placed on top of it. The exploration around appropriate insurance methods has also become more and more scaled. However, for “liability insurance” or “accident insurance” The unclear basic issues such as “civil liability” or “insurance liability” affect the development of this special insurance. Based on this, this paper proposes a clear liability insurance, broaden the insurance liability or strict civil liability, the introduction of tariff reform and other development measures.