Study Of Some Lawful Problems Of Endowment Insurance Fund In China

Endowment insurance system is the key content of social security system. Many countries around the world have set up endowment insurance system through legislation, which offers life security for the workers when they grow older. Being a developing country, on the one hand, China face the increasingly serious aging trend and the relevant delay of economic development, which make us confront the pressure of "getting old before rich"; on the other, with the great change in China's economic structure, the old endowment insurance system is no longer suitable, so a new one is expected to be set up. Endowment insurance fund is the key content of endowment insurance system, in this thesis, I intend to study several problems about the endowment insurance fund in view of law.There are four parts in this thesis.The first part, discuss something about legislative model of endowment insurance fund. There are three basic models: cash basis accounting, whole-accumulation model and part-accumulation model, all of which have both advantages and disadvantages. Cash basis accounting takes fewer accumulation fund, requires lighter social insurance cares in a short time, it is invulnerable to the change of interest rate and inflation, nor does it have matters of inflation-proof and appreciation. But as this pattern has no necessary accumulation, it can hardly bear the social risks result in aging trend of the population and other situations. Whole-accumulation model can accumulate large amount of fund, ensure a stable life standard for the retired, but it is easily affected by the change of interest rate and inflation, which would lay great pressure on inflation-proof and appreciation of the fund, and consequently produce big burden on enterprise, nor does it have any mutual benefit functions. Part-accumulation model is the combined one of the former two, which can both meet the expenditure of endowment insurance fund in a short period of time and remains some accumulation; meanwhile, it not only has mutual benefit function among the people of the same age, but also available for those of different ages. But it is easily affected by the change of interest rate and inflation. So obviously it is a right choice that we adopt part-accumulation in China.In the collection of endowment insurance fund, China carries out the endowment insurance fee system at present. In the theoretical circle, there remains the fight between matters of fee and tax, which is the result of the fact that it has been difficult in collection of endowment insurance fund. Scholars, who advocate that fee be replaced by tax, insist on solving the matter by the compulsory of taxation. But I prefer to fee, and I have some reasons for the opinion: firstly, the collection of endowment insurance fund is not decided by the form of taxation, but depends on the effect of state legislation and its execution; secondly, the private account fund of endowment insurance is owned privately, it doesn't belong to the state property, but the collected fund through taxation belongs to, which is incompatible with the character of endowment insurance fund and private account fund; thirdly, it requires a uniform tax rate all around the country to collect endowment insurance fund, which will do no good to the backward areas in economic development.The second part discusses the problems about law system of endowment insurance fund invested in operation. Firstly, analyze the necessity of endowment insurance fund invested in operation from the following aspects, i.e.: affects of inflation on endowment insurance fund, the internal demand of adjustment principle of endowment insurance treatment, the pressure of aging trend, flaws in system and the objective requirements of hidden debt. Secondly, discuss laws by which endowment insurance fund abide that invested in operation, i.e. principle of security, principle of benefit and principle of flow. Thirdly, figure out that the main problem of endowment insurance fund, in investment operation, is the unitary investment channel, which make it...