At present, China has promulgated the "Social Insurance Law" to solve the problem:There isn’t the basic pension insurance system. The state-owned enterprise retiree’s pension system established in the basic pension insurance system, but the state-owned enterprise retiree’s pension system has its own characteristics, and the basic pensions actually limit the development of state-owned enterprises retirement employee pension system. Aging intensifies and the disintegration of the traditional family structure, strengthen of retired workers rely on the pension system. This paper interprets the state-owned enterprise retiree’s pension system with constitutional theory, and analyzes the basic theory of the state-owned enterprise retiree’s pension system. With a historical perspective retired workers age security summed up of the state-owned enterprise retirees pension system’s the development process and experience. Make a horizontal comparative analysis between the state-owned enterprise retiree’s pension system and related systems from home and abroad. In order to develop, require countries to fulfill their to protect obligation, and along the path, which is the constraints of the basic civil rights to the public authority body, to develop the state-owned enterprise retiree’s pension system. This article explains the three levels of the legislative, executive and judicial countries should fulfill obligations and the implementation of the measures. |