The Completion To Legal System Of Supplementary Pension Fund In China

Supplementary pensions system is an important part of elderly care system, the sound development of which will directly affect the results of the reform of the elderly care system and the stable development of economy and society. Thus the operation of the supplementary pensions fund becomes a crucial problem in the supplementary pensions system. Because in the pattern of advance funding, the supplementary pensions fund used to pay for elderly care is advanced by the employer or employee or by both of them. From the beginning of the advancement to retirement, there is a long period of time. During this period, there exists inflation and many other factors, which may result in the depreciation of the fund and may not ensure the security, which is originally designed. Therefore, in order to meet the demands of due payment and guarantee the maintenance of the actual living standard to the retired, the supplementary pensions fund must be put into the market to achieve the maintenance or appreciation of its value. Thus the effects of elderly care of the supplementary pension system can be brought into play. To put the supplementary pensions fund into operation in a certain form and guarantee the maintenance or appreciation of its value, a complete and perfect legal system of its operation must be established. With the development of China's supplementary pensions system and the increasingly enlarged scale of the supplementary pensions fund, the legislation problems involved are becoming increasingly remarkable. The legal structure of its investment, operation and supervision has become a central issue, which has been paid close attention to, in the development of the supplementary pensions system. However, so far, a complete and perfect legal system concerned the operation of the supplementary pensions fund is yet to be established in China. The operation of the enterprise annuity system fund under the supplementary pensions system is only prescribed in the form of department regulations;studies in the legislation of the operation of the supplementary pensions fund are yet to be sufficient.This thesis first analyzes the basic legal problems in the operation of the supplementary pensions fund and experience of the legislation of it in other countries and areas. Then this thesis examines the legislation of the operation of China'ssupplementary pensions fund on the basis of the current actuality of it in China. In accordance with the actual state of the development of China's supplementary pensions system, this thesis puts forward the following tentative suggestions: to complete relevant laws and regulations and standardize the investment and operation of the supplementary pensions fund;to establish a supervision system of the operation of the supplementary pensions fund so as to ensure the secure operation of the supplementary pensions fund. This carries great significance to the sound development of China's supplementary pensions system and provides reference for the government's legislation.