The Research On The Legal System Of Enterprise Annuity Government Regulation

This paper takes a series of enactments and documents about corporate pension(the supplementary pension insurance),which were promulgated since China proposed the establishment of the supplementary pension insurance,as its object of study,and takes the" Proposed Regulations for Enterprise Annuity "and" Proposed Regulations for the Management of Enterprise Annuity Fund ",which promulgated and implemented by the Ministry of Labor and Social Security in May 1^st 2004,and some supporting documents followed the two regulations,as the key object of its study.In this paper,the author mainly studies and inquires into the basic theory of enterprise annuity regulation,the development and the validity of the legal systems for the regulation of China's Enterprise Annuity,and the status quo and its existing problems of enterprise annuity regulation.Finally,after analyzing the legal systems of enterprise annuity regulation both at home and abroad comparatively and using the experience of other countries on the establishment of the legal systems of enterprise annuity regulation,the author tries to propose some concepts on the perfection of the legal systems of enterprise annuity regulation in China.IntroductionThe Introduction of this article analyzes the relevant background knowledge from the five aspects.First,the background and significance.Second,the research documents of enterprise annuity government supervision.Third,the research methods.Fourth,related concepts of enterprise annuity.Fifth,the research ideas.The body of this paper is composed by five parts.Partâ… The Government Regulation Rationale of Enterprise Annuity.This part introduces the basic principles of government regulation of enterprise annuity.It is composed by three chapters:Chapter One the Basic Theory of Government Regulation of Enterprise Annuity; Chapter Two the special meaning of regulation in this article;Chapter Three the theoretical basis for government regulation of the enterprise annuity from the perspective of the science of law.In the 1st chapter,the author analyzes the general meaning and the professional meaning of the regulation;and In chapterâ…¡the author defines the special meaning of regulation in this article;in the third chapter,the author introduces the theoretical basis for government regulation of the enterprise annuity from the perspective of the science of economic law.From the view of the science of economic law the author analyzes the market failure and government failure in the field of enterprise annuity.Through the above-mentioned theoretical analysis,we can understand the basic principles of government regulation on the enterprise annuity initially.Partâ…¡the Government Regulation of Enterprise Annuity.This part mainly introduces the status quo of China's government regulation and its application in the field of enterprise annuity.It is divided into three chapters,the 1st chapter has analyzed market mechanism and the government regulation mechanism in the enterprise annuity domain;In the second one, through introduction of the three development stages(building a full control of the government regulation of society;the transformation of government functions to improve the social nature of regulation;building a modern regulatory country) in chronological order,the author introduces the status quo of government regulation in our country and then analyzes the existing problem of our government regulation system,then with the Case of the Shanghai Social Security Fund,the author analyzes the embodiment of the deficiencies of our government regulation system at the field of enterprise annuity;Chapterâ…¢introduces the development,the prospects.and the existing problem of China's enterprise annuity and its government regulation.Partâ…¢the Legal Regime of Enterprise Annuity Government Regulation.This part lays special stress on analyzing the contents and its legal effect of the legal system of government regulation in the fields of enterprise annuity.Chapterâ… Concise has combined our country Enterprise annuity legal regime;In the second chapter has with emphasis analyzed each main legal regime content;In the third chapter from qualifications admittance supervising and managing,the annuity bestows on profit power safeguard supervising and managing,tax revenue supervising and managing,fund investment supervising and managing and the information disclosed supervising and managing and it has analyzed our country enterprise annuity legal regime supervising and managing achievements from five aspects.Partâ…£the Reconstruction of the Legal Systems for the Government Regulation of Enterprise Annuity Regulation in China.In chapterâ… of this part,the author compares the legal systems of enterprise annuity regulation of foreign country with the one of our country. After the compare,we found that there are two main problems in the legal systems of enterprise annuity regulation of our country:First,the legislation level of in the legal systems of enterprise annuity regulation of our country is very low,that is to say,its legally binding is not enough,there is still on the lack of a true law of the enterprise annuity.Second,the legal systems of tax incentives of China's enterprise annuity are almost blank.The lack of tax policy has become a bottleneck of the development of China's enterprise annuity.So the author gives some advices on the improvement and perfection of the legal systems of enterprise annuity regulation in China from the legislative level and the legal system of tax incentives.Chapterâ…¡the author compares the legal systems of enterprise annuity regulation both at home and abroad from the regulatory agencies and regulatory models.After using the experience of other countries,the author proposes his concepts on the perfection of the legal systems of enterprise annuity regulation in China.Partâ…¤Conclusion.Through the above-mentioned analysis,the conclusion of this paper is:the perfection of the legal systems of the government regulation of China's Enterprise Annuity needs to improve from the legal system and legal regulatory mechanisms.