| In recent years, to meet the challenge of aging population, many countries are establishing three types of backbone endowment insurance systems one after another. The first type refers to government's basic endowment insurance (which is sometimes named as social basic endowment insurance), the second refers to the private endowment insurance or enterprises' supplementary endowment insurance and the third is the individual savings endowment insurance. Among the three types of backbone endowment insurance, the first is the main source of income for the retired employees, which is also the foundation of social securities systems in various countries. The thesis focuses on the study of the first type, government's basic endowment insurance.Over twenty years' reform and opening-up has brought drastic change in all aspects in China, however, the social endowment insurance system in China is far from enough to meet the demand of economic construction in China. In another words, social endowment insurance system has not yet exerted its due functions in our economic construction.With the deepening of reform and opening-up, the establishment and perfection of socialist market economic system, especially the free flowing of labor forces and the further development of urbanization, traditional modes of "family supports the aged people" and "enterprise supports the aged people" will surely be replaced by the mode of "society supports the aged people".While great progress has been made in social endowment insurance, we should be fully aware of the various disadvantages and drawbacks in the system and operation of social endowment insurance in our country. As social endowment insurance system in our country developed on the basis of planned economy, many aspects of our social endowment insurance system, such as the management, operation and services are bound to demonstrate the influence of planned economy.Right now our country is in the period of economic and social transition. Aging population is getting larger. Demands for social endowment insurance are on the increase. Under such a circumstance, the traditional endowment insurance system that has the features of planned economy will certainly expose its drawbacks.Through the application of basic theories of endowment insurance to the study and analysis of current social endowment insurance system in China, we find that in theprocess of transition and the tendency of aging population there is a great shortfall of fund in our pension fund. Due to the lagging legislation of endowment insurance, weak legal restriction, large amount of pension fund was tied up and embezzled. There are no effective methods in pension fund collecting, value preserving and appreciating.To fulfill the social goal of "looking after the elderly properly", guaranteeing the legitimate rights and interests of elderly people, fully reflecting the legal marrow of Constitution, Labor Law, Law of Guaranteeing Elderly People's Rights and Interests, realizing the goal of running the country according to the law, we must reform and improve current social endowment insurance system.To counter the problems existing in the social endowment insurance system in China, the thesis puts forward that the following aspects should be regulated by law: legal system of endowment insurance in China; execution and supervision of endowment insurance law; coordination between endowment insurance law and other legal departments; channels for raising social securities funds; modification and formulation of corresponding laws; the supervision and management of the operation of pension funds.Because of separation of interests and division of groups, any reforms will confront setbacks and obstruction. Consequently, the reform of social endowment insurance mechanism is bound to run into setbacks and problems. However, so long as we base our study on Chinese national conditions and learn from foreign experience, we will certainly find a proper way for the social endowment insurance reform that conform...
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