On The Legal Supervision Of Pension Funds Entering The Market

China’s pension funds face the serious risk of depreciation caused by population aging and inflation, so let the pension fund into the capital market preserve or increase the value is the inevitable choice of all countries in the world. To guarantee the safety of pension fund entering the capital market, supervision is necessary for pension funds into the market, which legal supervision is the basic means. This paper start with the range of pension funds into the market, risk and legal relation of supervision basic problems, analysis the status quo and compare with other country to explore the improvement of the legal supervision in China. We argue that:according to China’s current endowment insurance system and present situation of social economic development, pension funds into the market in our country should adopt stricter limits of regulatory model, in which the legislation needs to be strengthen, law enforcement needs to be optimized, and the judicial supervision needs strengthening. The full text is divided into four parts:Part I, Define the legal supervision of pension fund entering the market. This part mainly analysis the basic problems of pension fund entering the market, define the meaning of pension funds and pension funds into the market, to explain its constitution and its scope, and analysis the necessity of the supervision from the risk of pension funds into the market, the content and legal relation of pension fund legal supervision, points out the main content of legal supervision for pension funds into the market.Part II, The status quo of legal regulation of pension funds into the market in the country of China. Although attaches great importance to the building of legal system in China, there are still some problems in terms of pension funds in the market:Lagging in legislation, low legislative level, lack of legal liability system, lack of the legal regulating of the disclosure of information and so on, In law enforcement, too many subjects, without clear scope of their functions and powers, regulators lack of independence, imperfect information disclosure system, and risk prevention mechanism is not sound; in Judicial supervision, public security organs and the lack of supervision, lack of the procuratorate public interest litigation relief mechanism.Part III, The investigation to the pension fund entering the market regulation law abroad. In above situation analysis, this paper points out that many foreign countries implement the pension funds to maintain or increase its value by let pension funds enter the capital market, as the scope of pension funds into the market expanded, the market investment tools of growing, the financial crisis also brings deeper thinking to the pension fund entering the market regulation cause its huge losses to pension funds. The United States as the center of the financial crisis differs greatly from Chile-which has a good interactive relationship between pension funds and capital market in regulatory concept, legislative, regulatory system and measures, regulation, performance. Through inspection, we find that the enlightenment to our country are as follows:in legislation, supported by a clear legal basis; independent supervision body with explicit functions as an organic safeguard; risk management and prevention system as the mechanism guarantee on risk prevention of entering the market; in the aspect of capital market, to build a good financial market environment as the foundation of the pension fund entering the market regulation.Part IV, The suggestions that perfecting legal supervision of our country’s pension funds entering the market. Aimed at the shortage of legal regulation of Pension funds into the market in our country above, and draw lessons from the successful experience of abroad in the pension fund entering the market regulation, in order to perfect legal regulation of pension funds into the market in China:in the regulation of pension fund entering the market, to establish legislation on legislative principles, improve the legislative level of pension funds into the market supervision, improving the corresponding legislation content; in law enforcement by determining proper operation body of pension funds into the market, set up a committee of labor and social security, establishing special regulators, a pension fund market risk early warning system and a sound system of information disclosure and so on are optimized; in justice, strengthen pension funds into the market in our country judicial oversight and Introduce of public interest litigation relief mechanism.