Research On Legal Issue In Trusted Operation Of Pension Fund

In the social security system, pension system is the most representative, is the core and foundation of the social security system. The appreciation and maintenance of Pension fund is about social harmony and stability, and is an important symbol of the national construction and development level and the people’s well-being. As "Survival Money" of the common people, to ensure the safety and profitability of pension fund investment are equally crucial. Pension trust not only has the feature such as old-age security, do not arbitrarily revoke, both has the nature of civil trust and commercial trust. It’s not hard to find from the practice of all round the overseas advanced countries that the most effective way to the value of pension funds is to operate it in market, and investing the pension fund by trust operation is undoubtedly the best choice, In Britain, the United States, Singapore, Chile, Hong Kong and other advanced countries and regions had pay attention to prescribe the pension trust from the perspective of substantive law and procedural law, such as the legislation regulation, the regulatory system, the legal liability and so on. Although each has some deficiencies more or less, it is particularly necessary to summarize some reference significance from them.Pension funds and trust system in China, respectively began in1951"the law of the People’s Republic of China labor insurance regulations" and "the trust law" enacted in2001. As the implementation of the trust law and the enhancement of people’trust idea, applications of various kinds of trust model and trust function developed in our country. In recent years, along with the continuous reform of pension fund system, legislation of China’s pension fund and trust legislation has certain improvement. Relative to the pace of Chinese pension system reform and the urgent demand of appreciation, however, the trust law system in China is not perfect enough. There some trust legal relationships are not very clear and remain many obstacles, which bring many questions in practice. These highlights that the pension fund in our country lack of related laws and legislation system, especially lack of effective coordination and fusion with the trust law and relevant laws and so on. The imperfect of regime system affected the all-round development of our pension fund investment and trust activities to a certain extent.In a word, the combination of pension fund system and trust system is not an accident, which has sufficient theoretical basis and practical value. Entering the capital market is the fundamental way out for pension fund’ appreciation and the combination of pension funds and trust is also the direction of China’s pension fund system reform. The operation of individual account fund in our country can also use the trust system. We can establish a suitable pension fund operating mode on the basis of referencing the pension fund operation experience of the developed countries. At the same time, about the reasons and institutional defects of the lagging development of Chinese pension trust, we must work out the countermeasures and suggestions as soon as possible.First, given the legislative blank of the pension operation in our country, we should formulate the basic law of pension funds to regulate the raising, operations, payment of pension fund. And to establish the system design of pension trust operations in legal form, beside, clearing the rights and obligations of the parties and supervising subject of pension trust. Second, due to the premise of the pension fund appreciation demand is based on safety, so it is essential to the effective regulation of pension trust to ensure its normal operation, which is also for the need of protecting the beneficiary’s interests. Setting up a special pension fund supervision committee to arrange the operation of national pension as a whole, can reasonable solve the chaotic regulatory of "bull leadership". In addition, strengthening the audit supervision and social supervision is also extremely necessary to form the comprehensive supervision system.