| 英文摘要 |
Long-Term Care Services Act has been enforced since 2017. At the same year, Long-Term Care Plan 2.0 which was mainly constructed by the constitution foundation of long-term care services and the administrative contract system of long-term care services providers was launched. At the same time, there also has been a growing number of disputes related to longterm care services. There are some similar characteristics between long-term care services and medical services, including a close connection with public interests, managed by a regulated market, accompanying risks faced during services delivering, and the legal economics concerns. Through reviewing the history of narrowing the legal liability of medical services, this article tries to give some suggestions for the establishment of long-term care services liability in the future. Secondly, based on cases study and analysis of the court judgements, this article concludes that: (1) the courts have reached a rough consensus to impose strict liability to long-term care services, yet in the absence of any persuasive inference; (2) the court judgements haven’t developed a stable causal reasoning; and (3) human dignity protection has been applied to some judgements. Last, in order to improve the intelligibility and legal foreseeability of the legal liability systems and to build the best public interest-directed risk allocation structure, this article provides some possible approaches to categorify the legal liability of long-term care services and to rethink the State position in long-term care services providing system. |
