Study Of The Legal Relations Of China's Enterprise Annuity

"State Department employees on business decisions of old-age insurance system reform, " pointed out that with economic development, and gradually establish a basic old-age insurance and enterprise supplementary pension insurance and employee personal savings of combining old-age insurance system. To change the old-age insurance entirely by the state, enterprises pack down approach, the implementation of the state, enterprises and individuals tripartite burden on individual workers have to pay a fee. Enterprise annuity as a multi-level old-age insurance system, the second level, as a first level of basic pension insurance, a necessary complement. However, over the years because of China's Enterprise Annuity the legal system lags behind, making the slow pace of enterprise annuity system development, can not meet the multi-level old-age insurance system reform requirements. To speed up the development of enterprise annuity as soon as possible improve the enterprise annuity system, the legal system is a priority.This paper chose the enterprise annuity legal relationship as a thesis research perspective, the jurisprudence of legal relations between the theory and the legal system and China's Enterprise Annuity the policy provisions of the existing combination, based on identify problems, find enough to find a solution. Focus on enterprise annuity legal relations and the nature of the three major elements to explore the legal relationship of the four kinds of enterprise annuity model, access to trust model is the best mode of operation of China's Enterprise Annuity the conclusion to analyze the relationship between enterprise annuity trust laws, relevant content and enterprise annuity Principal-agent relationship between the relevant theoretical viewpoints, the last of China's Enterprise Annuity the legal system, problems were analyzed and made recommendations for the rationalization with a view to theoretical studies of Chinese enterprises to make their own pension, all the efforts.This paper is divided into four parts, the first mainly for legal relations, corporate annuity meaning, characteristics, significance, nature gives a brief introduction to the reader a better understanding of the legal relationship of the enterprise annuity-related issues, to below the legal relationship of the enterprise annuity specific studies done the necessary groundwork. In the first issue of the meaning of enterprise annuity, the understanding of China's Enterprise Annuity, also known as enterprise supplementary pension insurance, refer to the completion of the employing unit prescribed by the state basic pension insurance payment, the regular or irregular units of service-oriented employees to establish old-age insurance. In the second question of the nature of the enterprise annuity, the right corporate pension and social insurance and commercial insurance were compared, respectively, finally concluded that the enterprise annuity is different from the basic old-age insurance, and also different from commercial insurance, but rather a business welfare system is the corporate human resources strategy, an important component part of the range between social insurance and commercial insurance, supplementary pension insurance system. The second part of the innovative legal relations on the enterprise annuity nature of a scientific division, and then elaborated on the existing model of four types of enterprise annuity come to trust model is suited to China's Enterprise Annuity the best mode of operation and management. PartⅢa brief review of China's Enterprise Annuity the legislative process, the legal relationship of the enterprise annuity type of analysis, defined the enterprise annuity principal areas of legal relations have taken place, focusing on analysis of trust in the legal relationship of rights and obligations of the parties, and commissioned agency relationship briefly study. Part IV first examines the operation of China's Enterprise Annuity is now the problems encountered, and then make their own reasonable proposals and ideas.