A Study On Legal System Of Retirement

A Study on Legal System of RetirementLegal system of retirement has witnessed merely around hundred year'sdevelopment since the first establishment of its kind in Germany late 19th century. Itensures that retirees would acquire their pensions for basic living and realizes theirretirement rights after quitting their jobs, and it is closely connected with legal systemof labor and social security in the field of social laws. Generally speaking, legal systemof retirement is in pursuit of the ultimate goal of actual fairness and justice withtendentious protection. After years of development, the current legal system ofretirement in China has had great achievements, although there are still deficiencies,especially in its systematicness and effectiveness, which require melioration in order tofeasibly protect people and improve people's living condition. Based on theseconditions, this thesis studies the retirement legislation, making profound analysis onmany aspects of legal system of retirement. It is composed of six parts, as follows:The first chapter is introduction. It firstly points out the subjects of this thesis areconstituents of legal system of retirement, which are retirement age, pensions, andretirement right and remedies, and makes clear the purpose of this thesis based on thebasic concept of protecting people and improving people's living, by analyzing theconstituents of legal system of retirement, to contribute to the theory construction andpractice, and to arouse the awareness of problems. In addition, to meet the need of theresearch, this chapter explains the research method that is from general to specific andother techniques such as semantic analysis, evaluation, and comparative study. Finally,this chapter put forwards the theoretical significance and practical value of this thesisthat are focused on the study of legal system of retirement, to impel the developmentof china's social law and innovation of relative social managing systems.Chapter two shows some general theories concerning retirement and legal systemof retirement. On one hand, it differentiates the basic connotation between retirementand legal system of retirement, and illuminates the relationship of legal system ofretirement, labor law system and social security law system, thus lays the foundationof the whole thesis. On the other hand, it argues the basic construction of legal system of retirement. The content of this part includes retirement age, pensions, retirementright and remedies together with legal relation of retirement made up of subject,content and object,focusing on the constitution of legal relation of retirement. Thesubject of legal relation of retirement is the subject that has rights and obligations bythe retirement laws, mainly concerning labor management section, retirement fee payerand pension receiver. The object refers to the target of such rights and obligations,namely the payment of pensions. Legal relation of retirement mainly discusses thatretirement is right or obligation which is not identical, and the connotations ofretirement rights. Retirement rights belong to social rights whose core is claim topensions. It aims at realization of equality, and is closely related to rights to live andwork. The former arguments lay certain theoretical foundation for the constitution oflegal system of retirement.Chapter three keeps scores of the institutional change of retirement system and thetheoretical foundation. It divides the system change into three stages--- emergence,establishment and development, together with the changes in theoretical field ---goingthrough recession of liberalism and fluctuation of classical nature law, whoseestablishment is on the basis of the emergence of state intervention and prevalence onsociological law, which has great development with combination laissez-faire withstate intervention in economic and development of new nature law in legal theory.These studies would benefit in acquisition of the system's future developing trend andframe, in correspondence with social and economical development.Chapter four dissertates upon the first constituent of the system, legalestablishment of retirement age. Firstly, it starts from the research of the retirement ageadjustment and general rules around the world, embodied by rising pension receivers'age and prolonging the period of time, reducing sexual discrimination and narrowingthe gap between male and female, legally eliminating age discrimination, restricting oreven banning early retirement. However, as for the abolishment of obliged retirementage, there are still disparities among nations. Secondly, comparing with differentlegislations regarding retirement age of civil servants, public sector workers andenterprise workers and their origin, this chapter reviews the evolution of statutoryretirement age system in China, and proposes the status quo and reasons forirregularities in early retirement and inequality in male and female retirement age. Atlast, on this basis, it puts forward to several suggestions for the improvement of legal retirement age system, which includes uniformity of male and female retirement age,regulations supervising early retirement, as well as extension of legal retirement age.Meanwhile, the establishment of flexible retirement system should be suspended.The fifth chapter studies the second constituent of the system, legal protection ofpensions. It makes detailed analysis of the related system about legal protection ofpensions abroad, including the transition from welfare to contract, some typicalpayment mode of pensions and the differences in payment manners. Moreover, thischapter studies the status quo in China, and discusses realistic problems on legalprotection of pension in China, consisting on lacking of special pension act, beingblocked in the transition from old to new pensions system and inequity in"dualpension schemes"and proposes strengthening ways of legal protection of pension,meaning enacting pension act, protecting the bridge and coherence between new andold pension system, applying to the principle of distributive justice and think about thefate of new"dual pension schemes".The last chapter discusses the third constituent of legal system of retirement,remedies for retirement right. It first analyzes the current legislative mode in the world,including constitutional mode of retirement right and remedies mode of pension claimright. It then sets forth such problems as the legislative recognition of remedies forretirement right, and legal remedies barrier in claiming pensions together with thereasons. In the end, it puts forward designs of a new system of remedies for retirementright, which means recognizing the justiciability of retirement right, enriching thesubstantial content of retirement right, determining the essentials of claim rights;emphasizing the importance of mediator and discretion of the judges, so as to perfectthe safeguard and remedy mechanisms of retirement right.After the above analysis, we will come to a conclusion that legal system ofretirement requires profound improvement, which is not only the need of social lawdevelopment, but also the inevitable choice to protect people and meliorate people'sliving condition, as well as to promote the innovation of social management in the newera.