A Comparison Study on Contract Law and Tort Law at Senior Care Service Institution in Taiwan and China

碩士 === 國立成功大學 === 法律學系 === 107 === Long-term care in Taiwan which is illustrated as old-age care in China mainland is a social problem that both sides of the strait need to tackle. Nowadays the aging is particularly serious, and the rights of the elderly need to be protected by law. There are huge...

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Bibliographic Details
Main Authors: Yu-huiSheng, 盛裕輝
Other Authors: Ing-Ling Hou
Format: Others
Language:zh-TW
Published: 2019
Online Access:http://ndltd.ncl.edu.tw/handle/4vz84n
Description
Summary:碩士 === 國立成功大學 === 法律學系 === 107 === Long-term care in Taiwan which is illustrated as old-age care in China mainland is a social problem that both sides of the strait need to tackle. Nowadays the aging is particularly serious, and the rights of the elderly need to be protected by law. There are huge differences between the two sides on the contract law. China diverted from the principle of fault tostrict liability to strict liability that is different from the principle of fault tostrict liability in Taiwan. It became a substantial change that will affect all aspects of Chinese law, including the long-term care contract. At the same time,besides,the standard form of contract is also updated and it makes the attribute of the contract radically change. Tort law is,hence,undergoing its own change too. From general to special laws, there are various regulations between the two sides, and this article will compile and compare them. Finally,Taiwan’s Long-term care and China’s Lone-term care nursing homes are sincerely different and results in disparate tort liability situations due to different laws and regulations. The article will also illuminate an explanation. Keywords: Long-term care, nursing home, contract,tort , cross-strait comparison