Research On The Legal Issues Concerning The Merging Of Institutions And Enterprises' Pension Insurance System

China's pension insurance integration process began in 2015.At that time,the State Council issued a series of documents concerning the reform of the old-age insurance system.It clarified that the basic old-age insurance is oriented toward people-oriented and human rights protection and not limited to work for economic system reform.The reform reflects the transformation of China's basic old-age security from focusing on satisfying basic needs of life to focusing on higher levels of quality of life,and embodies the transformation of China's pension insurance from "national welfare" to "work welfare".However,while the merging of institutions and enterprises' pension insurance system in China has made great achievements,there are still some legal issues.Firstly,from the legislative perspective,there is still a lack of legislation concerning the basics of paying fees,account management,and overall level of coordination.Secondly,from the enforcement perspective,the protection of "middle-age man" rights is insufficient,the planning of replacement rate of pension insurance is incomplete and the value-added mechanism for pension funds is not sound.Finally,the related supporting measures,for example the occupational pension,is deficient.The proportion of a single contribution affects its supplementary role,and there is no specific legal system to regulate the transfer of occupational pension relationship as well.Efforts should be made to solve those problems mentioned before.On one hand,we must correctly handle the relationship between institutions and enterprises,and guide the legislative process with the concept of fairness so that the pension insurance systems of institutions and enterprises are unified under the basic old-age insurance system while some reasonably different arrangements can be made.On the other hand,it is necessary to improve the institutional framework,to promote system improvement with the legislation and regulation,and to promote the stable and healthy development of China's pension insurance system.