Study On Local Legislation Of Old-age Security In China

To improve the legal system to protect rights of the elderly is not only an inheritance to the historical tradition of the Chinese pension, but also an urgent requirement toward the increasing of contemporary aging. Law of the People's Republic of China on Protection of the Rights and Interests of the Elderly, as the basic law to protect the legitimate rights and interests of the elderly, has very important significance. Most research works on the legal system to protect the rights and interests of the elderly are mainly focused on the landscape research, i.e., modification and improvement of relevant laws, and longitudinal study, i.e., local laws and regulations for the implementation of higher-level laws, is seldom discussed. Life of the law lies in the implementation, thus the local implementation of the higher-level laws must rely on the development of local regulations to protect the rights and interests of the elderly. Therefore, it is necessary to discuss such legislations and regulations theoretically and practically.Local regulations to protect the rights and interests of the elderly belong to the implementary local legislation, whose functions are to refine, repair and verify the higher-level laws. However, many problems exist in the provincial and municipal legislations of old-age security. Firstly, there are lacks of local legislation contents due to coarsely implementation of the higher-level laws. Secondly, the principle of legal system unification is violated due to massively mechanical imitation, duplication of legislation, decentralization of legislation, and contradiction to the higher-level laws. Thirdly, improper arrangement of structural elements, informal statements, and failure to update legislations in time are frequently met. These issues affect the implementation of Law of the People's Republic of China on Protection of the Rights and Interests of the Elderly, and more importantly, result in the lack of protection on the rights and interests of the elderly.This paper attempts to study Law of the People's Republic of China on Protection of the Rights and Interests of the Elderly and its local legislations systematically and comparatively, analyze existing problems in the local legislations of old-age security, explore solutions to the local legislations of old-age security from aspects of legislation principle, legislation technology, etc. in order to make a sound legal system of old-age security.