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Regulatory System of Trust-based Occupational Pension

Author: ZuoQiuHui
Tutor: ShenZhengWu
School: Ocean University of China
Course: Economic Law
Keywords: Trust-based Occupational Pension Occupational Pension Plan Occupational Pension Fund supervision information disclosure
CLC: F842.6
Type: Master's thesis
Year: 2008
Downloads: 193
Quote: 1
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Abstract


Occupational Pension is the second pillar of China’s old-age social security,it is an important component of the system to a modern social security. Occupational pension as a joint enterprise with the staff consultation system, with income distribution, staff motivation and pension security, and other aspects of the function. Occupational pension embodies efficiency ,giving consideration to fairness . It is very helpful to China’s socialist construction of the security system , the social security system to achieve sustainable development and build a harmonious society is of great significance. After the Shanghai Scandal, this incident reflects some serious problem .With the beginning of 2004," Occupational Pension Trial" and the "Occupational Pension Fund Management Measures" are measured. The grid of China’s Occupational Pension was set in the trust. However , market-oriented operation meets with the same risk. This paper is in this context of trust system.Trusted Occupational Pension refers to the mode of use in the management of trusts. The Pension is independent of inherent properties and other property of the trustor , trustee, account manager, custodian. The rights and obligations of the main parties is the basis of enterprises. The analysis of legal relationship is the focus of the article.Then , As in many countries the development of enterprise annuities are almost certain similarities between the course: some of the major historical events leading to the emergence of a major reform of regulatory systems, thus continue to promote enterprise annuities to the higher stage of progress.1963’s Studebaker incident and 1991’s Maxwell incident give us some reflects. The Shanghai Scandal will accelerate the operation of the market track. Special status , the mode of operation of a trust, specific operations in the various risks, strengthen the supervision of enterprise annuity.It is very necessary to learn from relevant foreign system. Through the content of comparison, we will find that China is in the Occupational Pension system, there are some flaws in China. Through summing up the regularity of things, we can find the soil of the development we needed.At last, we should insist on coordination, supervision, consolidated supervision. The regulatory mechanism of choice, I think that we should insist on coordination. At present, I proposed to measure "enterprise annuities law." Trustee is in the core position , we should improve the specific provisions of the trustee. At this stage of the special period, the relevant agencies should be strengthened coordination function, then to establish a separate regulatory. And we should complete self-dealing system, information disclosure system. Finally, the author also monitor the technology and methods to some of the proposed introduction , the introduction of "urgent consultations" system and "question the system" system and so on, strengthen the supervisory role of external agencies, have a clear mechanism for handling disputes and punitive measures.

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CLC: > Economic > Fiscal, monetary > Insurance > China's insurance industry > Various types of insurance
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