Research On Our Public Institution's Social Pension Insurance Legilation

With the gradually establishment of social market economy, the trend of aging in our nation is increasingly obvious, this problem is presented and discussed intensively in the coming two conferences in this year, which is enough to indicate that the social pension insurance has been widely paid attention by the society. As the important part of the whole pension guarantee system, the public institution's social pension insurance system is also one of the important links of social security. Establishing and perfecting the public institution's pension insurance system is the social security system's objective request of enterprise independence, capital origin diversification, security system standardization and management service socialization to speed up the public institution. The pension insurance of our nation's public institution is still in the trial phase. Now there's no uniform policy and related legislation in the country. They are same as the other units in the work, also come across some difficulties and problems, which affects and restricts the smoothly development of staff pension insurance of the public institution. The public institution's pension insurance trial reformation issued in Jan 2009 in our country is developing in five cities in the nation. With the public institution's pension security system reformation, the related system confirmation and problem perfection is to be clear. How this colony makes orientation in the China's pension insurance system and properly introduced problems are just the research key in the text. This text will make comparison and analysis on part of the developed country's related rules to the public officer's pension insurance, make combination with the pension insurance system transition and reformation in our nation in the present period, and try all the ways to offer the legal theoretic reference value for our final confirmation of public institution's pension insurance system in the transition phase. Thus, we can see that, making research on the public institution's social pension insurance from the law angle is of great theoretic significance and practical value.This text takes the basic legislation of the public institution's pension insurance system as the research subject, makes analysis on the public institution's pension insurance system reformation and makes discussion on several existing main problems in the public institution's pension insurance system based on widely referring to the works and articles of experts in all fields through summarizing the experiment and lessons in the trial province and cities, comparing the pension insurance system of the foreign public officers and combing our nation's practice, and points out the suggestion of constructing the public institution's pension insurance system which is suitable for our national conditions based on it. The text uses the following research methods comprehensively:1.empirical analysis method:form the conclusion by making research on the actual situation, integrate the information and make conclusion through the way of research and theory combination with a view to the current social or subject fact.2. Comparative and analysis method:use the developed country's experiment in setting up the public officer's pension system for reference and offer reference for the public institution's pension insurance system and get the experiment suitable for our country through the system comparison and analysis by making comparison to the related theory and legal technology home and abroad.The full text is divided into five chapters. The first chapter is about the searching background and selected topic significance of the text. The second chapter is the related theory of the public institution's social pension insurance of our nation. Firstly, make definition to the public institution and pension insurance, and then make analysis on the legislation of the public institution's social pension insurance and its legal mechanism. And make a certain master and understanding to the current situation which is convenient for the final theoretic analysis development through the system development process of our endowment insurance of our nation.In the chapter 3, the text makes the legal analysis on building the public institution's social endowment insurance from multiple perspectives. In the text, our nation's the public pension insurance establishment is discussed in four angles of the legal philosophy, legal ethnics, legal economics and legal sociology. Firstly, demonstrate that the system establishment was the representation of the basic human rights, the request of the social good operation, and also the function and obligation that should be implemented by the country in the modern times. Secondly, the system establishment is also the representation of the humanism and theory of justice in the ethical angle. Thirdly, the public institution's social pension insurance is also a kind of means of income distribution, resource allocation and micro economics. Finally, the system takes the good influence on the social stabilization and social justice.In the chapter 4, the text makes analysis and conclusion to the related theories that are worthy of using for reference for our country through listing and comparing the current situation of the public officers'pension insurance system in several developed countries after making the basic definition to the foreign public officers, that is, our system establishment should be based on the definitely orientation to the guarantee objects, pay attention to the equilibrium of justice and efficiency, and build up the pension fund financial mechanism suitable for our nation.In the chapter 5, the text points out the basic conception of the public institution's social endowment insurance legislation of our nation. The text makes expatiate in the basic principle of legislation, the basic conception of the public institution's social pension insurance management system and basic content of legislation. In the third section, it mainly makes analysis on the legal obligation that should be undertook in all the phases of pension operation in the angles of country, public institution and individual, and makes discussion on the obligation region of legal system.