Study On The Legal System Of China's Endowment Insurance Fund Raising

Endowment insurance plays an important role in the system of social security, each country in the world pays much attention to the construction and development of the system of endowment insurance. Many countries around the world have set up endowment insurance system through legislation, which offers life security for the workers when they grow older. Due to 20 years of reform, the country has gained such achievements as the establishment of the multi-level system involving the national basic pension insurance, enterprise complement insurance and individual saving insurance, with a policy of payment by both enterprise and staff workers and a subsidy by the country, which is the combination of social overall arrangements with individual accounts, thus setting up the system model. It plays a significant role in the social stability and economic development. However, being a developing country and a big country with thirteen hundred million populations, we has heavy burden to provide for the aged. On the one hand, China face the increasingly serious aging trend and the relevant delay of economic development; on the other, with the great change in China's economic structure, the old endowment insurance system is no longer suitable, so a new one is expected to be set up. Furthermore, here are many problems in the legal system of China's pension insurance, especially the theoretical research and studies are inadequate, and the design of institutions is unreasonable. For example, the amount of laws and policies is very small, the effect of laws is very low, and we don't have a unified Pension Insurance Law; All the current laws and policies are resolutions and orders promulgated by the government, which have no legal authority; the laws can't catch up with the speed of economy's development in our society; the execution of laws is very bad, the power of executing the law is not strong, and so on. These problems result in limited channels on the raising money, and the enterprises and workers are not interest in taking part in the aged insurance. All these factors cause the uneven on the income and expenses of the funds. The smooth running and development of the aged insurance system are determined in a large extent by the establishment of pension fund, pension fund is the material safeguard of the whole endowment insurance system .Therefore, pension fund legislation plays crucial role in establishing the legal system of aged insurance. In this article, adopting the method of integration of theory and practice, I intend to set forth the problems about the endowment insurance fund in view of the association of economy and law. The paper aims to bring forward some settlements to the foundation and perfection of pension insurance legal system on lawmaking by consulting the legislation practice of pension fund in foreign countries.The paper has four parts.The first part, summarize the basic theories of pension fund system of financing. Including brief introduction of endowment insurance's theories and the examinations of the pension fund system of financing. Among it, the emphasis is the basic theories of pension fund system of financing, sets forth the concepts of pension fund and the pension fund of financing and its fundamentals, the foundation of pension fund system of financing, and the three basic legislative models of endowment insurance in the world respectively. This part also is the basic theories of the whole paper.The second part is about legal systems of pension fund of foreign counties. On the one hand, introduced the historical evolution of the overseas pension insurance law system, the development tendency and the necessary legal system reform from the overall; On the other hand, separately carries on the comparison to the legislation pattern of pension fund system in several representative countries, including Chile,Singapore and US. Summarizes their experiences of legislation, in order to promote our endowment insurance system.The third part, introduces the developing process of pension fund system of financing and analyses its actualities. First, introduces the developing process of the pension fund system of financing from establishing the institution to forming present legal system; second, discusses the actualities of our pension fund system of financing, enumerates the existent problems. For example, short individual accounts, serious connotative debt, small coverage, higher rate of payments, lower plan levels, and so on; At last, analyses the causations of these problems, and educes that we should perfect our pension insurance system.The fourth part, proposes some conceptions on consummating our country's endowment insurance fund system on lawmaking. Including: 1.the choice of endowment insurance fund on the legislation pattern, namely "series account union" partial accumulations pattern and its connotation being clear about; 2.the legislation principle, for example, integration of right and obligation principle, the fundraises adapting should conformance to the level of economic development principle, combination of fairness and efficiency principle, and so on; 3.speeds up the consummation of the way in payment, in the middle of the social security and the tax affairs department, choose one of them to undertake the responsibilities in drafts giving; 4.in order to guarantees the normal operation of the pension insurance fund, clears about the duty of the national finance subsidy legally; 5.expands the pension insurance coverage, such as all enterprises, the National worker, the general rural population, the professional person; 6.enhances the legislation level of the endowment insurance fund system; 7.strengthens execution of the law mechanism, protects citizen's legitimate rights and interests.