Contract Doctrine's Vision And Its Enlightenment Of The Pension System's Reformation

Before the Industrial Revolution,family endowment was the main way of supporting pattern in traditional society After the Enclosure Movement and the Industrial Revolution,the land ownership,crucial to the traditional family endowment,was breakdown,then millions of labor force became employees.In order to withheld the risk of the economic development and social variety,the employees resorted to mutual pensions at early stage.With the economy developed and society varied further more,the employees and the employers got the consensus that,the endowment the employees' rights and the employers' responsibilities,should be undertaken by the latter.When the government appeared as the legislator,the tax levier,and the provider of the public pensions,the original mutual model between the employees and the employers,turned into the employees-employers-government triple model.The triple model emphasize the balance between rights and obligations,especially underline the equilibrium of the obligations between the government and the citizens It's helpful to avoid two extreme-the Welfare Problems and the over-privatization of Chilean Model.In order to uncover the contract principle behind the course from mutual pensions, occupational pensions to the public pensions,the article has reviewd the formation the development and reformation in developed countries.Considering the actual conditions of lack of contract in China,with the power politics and weaken social associations,the article also intends to give useful advice on the development of China's public pensions, especially for the implicit pension debt(IPD),from the angle of contrat doctrine.On the othe hand,the article study on the balance between rights and obligations,and get the conclusion to promote the pension system's development by Social Security Tax and Multi -support Endowment Insurance.