老年人侵权下的养老机构责任
Liability of Elderly Care Institutions under the Tort of Old Age

入住养老机构的老年人侵害他人权益时，若受害人与养老机构之间存在养老服务合同关系，则受害人有权请求养老机构承担违约责任。若养老机构明知或应知不完全民事行为能力的老年人具有侵害他人权益的倾向，而与其监护人签订养老服务合同或继续提供养老服务，则应当对受害人承担受托监护人的侵权责任。最高法发布的典型案例认为受害人有权请求养老机构承担法定安全保障责任。但，养老机构难谓“公共场所经营者、管理者或者群众性活动的组织者”，而且，即使养老机构不承担赔偿责任，受害人仍有权主张加害老年人或其监护人承担赔偿责任，对养老机构课以法定安全保障责任的正当性和必要性似有不足。
Suppose an older person living in a nursing home infringes on the rights and interests of another person. In that case, the victim has the right to request that the nursing home be held liable for breach of contract if there is a contractual relationship between the victim and the nursing home. Suppose the institution knows or should know that an older person with incomplete civil capacity has the tendency to infringe on the rights and interests of others and concludes an elderly service contract with his/her guardian or continues to provide elderly service. In that case, the institution shall be liable to the victim for the tort liability of a fiduciary guardian. The Supreme Court issued a typical case in which the victim has the right to request the elderly care organization to assume the responsibility of statutory safety and security. However, as elderly care institutions can hardly be described as “operators, managers or organizers of mass events in public places”, and the victim still has the right to claim that the aggrieved elderly person or his or her guardian be held liable for damages even if the elderly care institution is not liable for damages, the legitimacy and necessity of imposing a statutory safety and security responsibility on elderly care institutions appears to be insufficient.