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Sustainable development of the legal guarantee for pension insurance

Author: PengZuoHong
Tutor: FangLeHua
School: East China University of Politics and Law
Course: Economic Law
Keywords: Old-age insurance The legal system Guaranteed by law Retirement age Sustainable ILO Pension Insurance Act Judicial guarantees Improve the pension insurance System status quo
CLC: D922.284
Type: Master's thesis
Year: 2002
Downloads: 234
Quote: 1
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Abstract

As an important system for the protection of human rights, the pension insurance system, the state and society according to certain laws and regulations, in order to resolve the boundaries of working-age workers to meet the state to terminate the labor obligations, or due to old age, lost the ability to exit the labor job after basic living and established a social insurance system. Pension insurance to the elderly within the statutory range completely or basically out of the social and labor life happen automatically after the role, which aims to protect the basic needs of the elderly, to provide a stable and reliable source of social insurance means to achieve the purpose of protection. Pension insurance originated in France, now that it has a social security system is more widely practiced in countries around the world, the soundness of its legal system is an important symbol for measuring a country's social security system is perfect. Pension insurance is the protection of fundamental human rights, and thus, the pension insurance system has risen to the height of the protection of basic human rights, concern for the international legislation, such as by the ILO document of international law on the national pension insurance issues were defined. In this way, the pension insurance with the nature of a country's obligations under international law to be. Pension insurance in China after years of exploration, has made some achievements, but because of the imperfect legal system, in practice there is a chaotic situation. The current situation of China's old-age insurance is very severe, especially in China has gradually entered the aging country, old-age insurance system in China is facing great challenges. Ability to establish a comprehensive legal system for endowment insurance, will greatly influence China's social stability and economic development process. lt; WP = 3 gt; Based on this understanding, the paper on the basis of the current situation and existing problems of analysis of pension insurance legal system, learn the advanced experience of all countries, the idea of ??the perfect old-age insurance in China's legal system. In addition to the introduction and conclusion, the article is divided into three parts, namely, thirty-six thousand more than a thousand words. The first part is the current situation and existing problems of the pension insurance legal system in China. This part of the pension insurance legal system in China history, current situation and its problems was made by a simple review and summary of pointed out that China's current pension insurance system there is still a system of clutter, the legislative level is low; under the existing coverage is too narrow; retirement age faced with the challenges of aging and pension funds facing severe troubles. At the same time, the article also pointed out that the existence of these problems will inevitably lead to serious consequences, thereby affecting the sustainable development. The second part is to improve the system of pension insurance law in accordance with International Experience. In seeking to improve our legal system of pension insurance way, we should note, provides for the principle of our Constitution, the ILO and other international organizations on the social security system of the Member States and of formation in the process of building a socialist country under the rule of law important legal concepts, provides an important basis for China to improve the legal system of pension insurance. Mature foreign legislative experience has important reference value in the specific design of the system. Thus, this part focuses on the basis of the present old-age insurance, legal, constitutional basis and the basis in international law, also the old-age insurance legislation, coverage, quasi-hair conditions, fund management, as well as judicial protection discusses the reference to international experience. The third part is the idea of ??improving the legal system of pension insurance in China. The article first made a simple discussion on the basic old-age insurance law principles, systems, and the main content. Then, the article on the expansion of coverage of the pension insurance law was discussed, that should be the urban individual businesses, freelancers, township and village enterprises, service personnel, migrant farmers, civil servants and employees at the personnel engaged in the opportunity to work into a unified the scope of old-age insurance, but also on rural endowment insurance was discussed. The part of the discourse third aspect of the problem is to increase the retirement age, the article pointed out that the extension of the statutory retirement age, and discussed to determine the retirement age should be considered the relevant factors, put forward the proposal of how to extend the retirement age. Next, the article on the financing of pensions and pension fund management model legislative choice, the establishment of supplementary pension insurance legal system to build the perfect old-age insurance system and the establishment of judicial protection system of pension insurance and other issues were discussed, which outlines the author initial ideas about the perfect old-age insurance in China's legal system.

Sustainable development of the legal guarantee for pension insurance

Abstract

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