Research On Problems Of Retirement Age In China

Retirement is a behavior of leaving the place of work when one loses his ability to work as the result of becoming old or many other reasons, It's the unique phenomenon of human society. In modern society, the institutionalization of retirement is becoming the mainstream, and retirement is becoming a behavior which includes the rights (powers) and obligations of workers and other related subjects, and contains the value of efficiency and equity. As an important component of the retirement system, retirement age is closely related to the vital interests of workers and other related subjects. "Zhou Xianghua Retirement Sex Discrimination Case", "Forcing the 50-year-old teachers to retire case" and many other court cases related to retirement age make the statutory age of retirement become a focus of attention. In the previous two sessions and the maintenance of women's rights conference, the age of retirement is subject to very high concern.Basing on the conditions of our country and focusing on the retirement age reform, this article makes comprehensive use of the methods and research results in the fields of law, economics, sociology and so on, to analyze the current retirement age regulations and their operation condition in China from the perspective of interests balance, and then to find the problems , and thus to discovery the theoretical and practical methods to establish a flexible retirement system which is more inclusive, encouraging, benefit to promote economic development and human rights, and conducive to achieve social equity and free and comprehensive development of human. This thesis is divided into five parts:The first part is the introduction. It discusses the origin, the status quo in and abroad, the research ideas and methods of the research questions, which lay the foundation for the commencement of the following parts of the thesis.In the second part, the basic issues of retirement system and retirement age are discussed. As retirement age is an important part of the retirement system, if we want to have a better understanding of retirement age we must have a deep understanding of retirement and retirement system. So the article spends a large space length on the discussion of history and legal nature of retirement and retirement system,and discusses retirement age in the framework of the whole retirement system. The thesis summarizes the four kinds on legal nature of the retirement: rights view, obligation view, subjective theory, and theory of the unity of subjective and objective, etc. and points out that to determine the nature of the rights and obligations of retirement is important, however, to analyze the rights (power) and obligations of related subjects is of more importance. In the western counties, to ease social contradictions is the original purpose of the retirement system. Countries represented by Britain and Germany established their retirement system in order to prevent old age poverty; countries likes the United States the original purpose of whom to establish retirement system is not the humanitarian concern for the aged , but to ease the unemployment crisis at that time. In China, the retirement system has experienced the process from start-up in the 50's to adjustment in the 60's, stagnation during the Cultural Revolution and recovery after the Cultural Revolution. Whether in China or abroad, all the retirement systems are the products of state intervention, and are results of interests gaming and adjusting among related subjects under certain historical conditions. As one important age of the retirement system, retirement age is a very sensitive social security variable. It's not only an issue of old-age insurance system, but also an important issue of labor market system , and a issue which is related to the rights(powers) and obligations of the state, enterprises, laborers and many other subjects. To laborers, fundamentally, its one end is closely related to employment lives which contain the labors'rights and obligations to work, and the other end is bound up with the retirees'lives leisure which including survival rights, rights to rest, and social security rights after retirement. Thus it is of great importance to labors.The third part will do a micro-analysis of retirement age in China. Legal systems of each society are designed to adjust or construct the social interaction under its specific social context. As a result, the rules of social interaction determine the role and mechanism of the law. Therefore, to design a rational system, it demands to do a systematic analysis of relevant interest subjects and the relationships between them. Research of this article in this section discusses the related subjects including labors, the state, employers, trade unions, and so on, and the relationship between them. And the article focuses especially on three aspects: the imbalance of interests caused by early retirement, interest disputes because of the difference in retirement age, and the interest relationship between the state, employers, and labors under the pension predicament. The article points out that the current retirement system does not realize the balance of interests between male and female workers, between generations of workers, among the state, enterprises and individuals, and so on. And from here the direction of retirement system reform is generated.On the basis of the third part, the fourth part tries to find the theoretical and practical ideas for the reform of retirement age system: to achieve the balance among the interests of relevant subjects'. The premise of the balance is the existence of common interests among the relevant subjects. The common interests include the expectation of the social stability, economic development and advancement. Now the value goals to balance the interests include not only economic efficiency, but also social equity, and human freedom and comprehensive development, which may be more important. Section II of the article tells about the contents of the Western retirement age reform and the reference to China. And then this paper presents the direction of the retirement age system reform: to establish a flexible retirement age system. China's current situation is "people become old before they are rich", having a large population and abundant labor resources, while the awareness of rights, the pursuit of individual liberty and comprehensive development are growing. Therefore, retirement age system reform in China is different from the West. The first task is to do the preparation of the reform, and then do the reforms including to realize the equal option right between men and women progressively, to set the flexible space of retirement age, and many other aspects of reform. In the process, the paper proposes to develop the modern democratic participation procedures so that the full participation of the relevant subjects can help to establish a flexible retirement system which is more inclusive, encouraging, and helpful to promoting economic development and human rights protection, and conducive to realizing social equity and promote free and comprehensive development of human.The last part does the summary: out retirement age system has little adjustment since its establishment in the 1950's, and has many disadvantages now. Early retirement seriously, the difference between male and female retirement age, etc would influence social justice and human freedom and full development seriously. So to establish a more flexible retirement system is of importance and imperative. This article also points out that the flexibility of flexible retirement system is relative, and though retirement age is an important part of the retirement system, but its impact on the interests of related subject of is not decisive. Promoting economic development to create more employment opportunities is an indispensable prerequisite to maintain the retirement system, and a representation of our country to fulfill the social security obligation for her people.