On The Legislation Of Pension About Civil Service In China

Pension activities are an inevitable part of human life because of getting old is the stage everyone would go through. Pension system is increasingly highlighted to public attention with the issue of aged society which is becoming serious in the modern society. China's civil service pension system, as an important component of social security system in term of theory or practice on the show with contemporary socio-economic development of our country seriously unsuited, seriously lagging of the basic old-age insurance reform, in serious violation of "The PRC Civil Service Law" and the modern age requirement for civil service. The backward civil service pension system in urban and rural old-age insurance "two-track system" of outstanding cases and the formation of the urban pension insurance of workers and enterprises within the "binary system" model have led to many problems. Mainly, civil service and other sectors, too large pension gap will easily lead to social instability, treatment, impact of harmony; civil service pension system is overly dependent on the units which hindered the reform of personnel system; the civil service pension deficiency leads to the legal system and those policies doors, impact of mandatory pension system, the lack of uniformity; the civil service and other sectors and the gap between old-age insurance in the treatment cannot carry transfers hamper the flow of talent; separate system of civil service pension privileges of civil servants breed awareness, does not meet the New Government functional requirements change and so on.At present, the study of civil service pension reform theory is still in "vulnerable" status. More research is from economics, sociology point of view, the view have achieved certain results and held by the gradual formation of a unified theoretical system, but on the pension system of law is rare. Author believes that to solve the civil service old-age insurance system and reform of the backward of the plight of the legal establishment of the civil service pension system is one of the most effective approaches. In China, theoretical Study of pension system is not yet fully. The establishment of the civil service pension has a number of economic, social and academic research carried out accordingly, regrets that there is no jurisprudence on the issue of civil service pension law and the legal institutionalization of civil service pension related issues in-depth study. This thesis will study on basic problems of the pension system and pension system for civil service by law and comprehensive analysis of multi-discipline perspective; demonstrate the necessity of build the civil service pension system in China.This thesis is composed of five parts.The first part is the introduction. It describes the background and significance of topic, and the proposed the target of researcher's expect. To make good foundation for the theoretic research in next chapter, the first part introduces the research status on issues related both domestic and abroad, summed up questions just liking establish the objects in internal study at this stage, the shortage of the perspective and depth in the study as well, though summarizing the arguments on related problems of pension system between foreign scholars and Chinese scholars about the different views on the pension problem.The second part is the basic theory for the civil service pension. First is to explain the concepts of the pension-related issues. Then the proposed pension is an old-age insurance system and to maintain a stable income, income redistribution and other functions. Next it introduces the relevant theories of social security and with rights, debt, the total of three aspects of relations between the legal property of pension. In following we discuss the legal system of civil service pension and introduce foreign produced theories by mentioning different elements of the division of civil service pension model, analysis of the legal system in the social security status including civil service pension system, describes the legal system civil service pension from the main object of legal relations and the content, creates a general awareness of the pension system and the legal system of civil service pension.The third part is comments about civil service old-age insurance system in China which includes the review of civil service pension system since its founding in China and the future direction of the civil service pension system. Come to our civil service old-age insurance system is not insurance but government protection after summing up the civil service old-age insurance system history and current situation in China. This situation is apt to cause all kinds of contradictions, not conducive to government functions, such as lack of legal system. Then, it analyzes the necessity of establishing civil pension in China and also its effect on economic, political and social issues by considering the policy need, experience and domestic experience.The fourth part is the comparative study of the civil service pension in other jurisdictions. The objects of this paper include many kinds of nation, such as Western capitalism's traditional nations, UK, United States and France, that they have represented the legal systems of civil service pension, and emerging country like Singapore, developing country like Chile. The research is focusing on the financing, treatment, administrative system etc. Purpose is to draw on others'successful experiences, summarize the problems that issues arising from the implementation of national systems, provide a favorable reference for setting up China's civil service pension.The last part is the envisage of China's legal system establishing the civil service pension. Proposed establishment of the civil service pension system in China should be based on scientific concepts of development as its guiding ideology. Multi-level approach protects and maintains proper gap, fairness and efficiency, etc as basic principles. Specific settings on the pension system should be selected to establish the basic unity of society as the whole pension system, supplemented by the Civil Service Occupational Pension. On treatment settings in the pension, the full account of the vast multi-country, around the large difference between the developments of the characteristics, combined with the specific circumstances of basic old-age insurance, still at the provincial level co-ordination unit. Legislation of the model should be unified the civil service into a unified pension law, "Social Insurance Law", based on the establishment of horizontal and vertical management model and the establishment of a civil service pension system with Chinese characteristics.