The Legal Researching About Operation Form Of Fund Pension In China

The fund pension in our country stems from the supplementary pension. Since it was renamed formally in 2000,the scale of fund pension in our country has witness great growth, as well as holding great potential. According to the bank of the world's forecast ,the scale of fund pension in china will hit the amount of 18 ,000,000,000,000 US dollar. At that time, the market of fund pension of China will become the world 's third largest market . Although the fund pension been viewed as supplementary pension, to perfect the regulation of fund pension is one of the most important way to transform the mechanism of the country's old-age support system. So, to make the mechanism of the fund pension operate effectively is not only cares about the benefits of both employee and that of employer, but also concerns about the perfection of the country's old-age support system, as well as the country's capital market. To chose a proper legal operate system of fund pension could be the most important thing to the fund pension market.After introduce the conception of fund pension, as well as it's quality , it's origination and it's development briefly , the first part of this article is try to reasoning the necessity and time presses of building and of perfecting the legal system of fund pension. The second part of this article is try to set forth the methods to select the rational legal system of the fund pension by studying the several kinds of operation systems of the fund pensions in the world comparatively. By analyzing and comparing , the author think that the trust-fund pension system is the best choseto china. Because the nature of the Trust can met together perfectly with the fund pension, and it also can improve our country's old-age support system, as well as the capital market. In the third part, by studying the existed operation system of fund pension , the author has come to the following conclusion : our country's present operation system of fund pension has embodied both the Trust-relationships and the entrust-agent relationships. With the carrying out of the related regulations ,we can say that, China has build a special operation system of fund pension. But there are still many defects , such as : it is still needed to perfect the whole obligations system to the related body; the tax legal regulations are still remain the blank; the form of supervise to the fund pension market is also not perfect. The author has set forth his own opine to this problem in the last part of this article.