Endowment Insurance Perspective Elastic Retirement Research On Legal System Construction

In our county in the process of the system of planned economy to market economy, through twenty years of reform and perfect, has been basically established corresponding to the current economic development system of social endowment insurance, but with the arrival of the aging population in our country the industrialization and development to a higher rank, the extension of life expectancy makes people citizens working fixed number of year and lose labor ability of the back of the age, now in China unified according to the age of retirement one-size-fits-all retirement policy gradually highlights its irrationality, many workers after they retire continue again obtain employment while enjoying the endowment insurance gold, the world social security research center of the Chinese academy of social sciences China pension development report2012, according to China’s urban basic old-age insurance individual account empty account amount after in2007reached one trillion yuan, in2011reached2.2trillion yuan, in2013, after China town basic pension shortfall will be as high as18.3trillion yuan, at the same time, many workers back to the original by return to hire job led to the job competition is intense, causes a lot of manpower and resource waste, great changes have taken place in jobs at the same time, aiming at this situation, power resources and social security research will be clear a minimum retirement age in China are put forward on the basis of gradually establish a perfect elastic retirement system, namely, the computational method of pension level and retirement age closely related, laborer choice way of retirement age, retirement and retirement income have certain elastic retirement system. The realistic significance of elastic retirement system with perfect establishment is to ease the one-size-fits-all retirement age with some workers reach retirement age that want to continue the contradiction between the willingness to work, to lessen the pension problem empty account. At the same time alleviate employment pressure, suit the needs of different types of work groups. Establish elastic retirement system’s core lies in the change of social endowment insurance individual account of the way of distributed computing and storage and insurance gold, largely balanced social endowment insurance and welfare distribution of efficiency and fairness. Build elastic retirement system under the perspective of endowment insurance, we must stick to the universal and basic principles, in the labor market supply and demand balance and dual premise does not affect the young labor force employment practice the flexible retirement system. At the same time, pay attention to the endowment insurance system and combining the flexible retirement system, within the context of establishing multi-layer old-age security implements multi-level and diversification of the endowment insurance gold distributed computing method. In addition, under the perspective of endowment insurance to implement flexible retirement system, also requires perfect legal basis, the relevant social insurance legal system may produce certain effect, study the system to establish the social background, preliminary build endowment insurance under the elastic retirement system framework for endowment insurance theory research has a certain role. According to the author collected data at present, our country at present about the endowment insurance of study too much while ignoring the wishes of the laborer from the perspective of rational professional analysis, the system itself is lack of feasibility of building the framework of system, also at an early stage, without a complete system design, need further in-depth study. This paper application of inductive method of law from the analysis of the content and defects of our current retirement policy, the analysis of elastic retirement system of the endowment insurance to establish positive impetus, draw lessons from the United States and other countries in practice the flexible retirement system early legislative situation, summarize the current retirement system adapt to the point, and put forward to alleviate the contradictory way, points out that under the perspective of endowment insurance the necessity of establishing elastic retirement system, thinking in the specific perspective of endowment insurance set up under the specific content of the retirement system, at the same time, to think in principle that should be paid attention to set up system and the construction of supporting facilities shall refer to the various factors, at the same time, improve and adjustment, hope to be able to preliminary explore a set of reference system of other countries combining with our country system suitable for China’s national conditions on the basis of their own conditions.