China’s Social Endowment Insurance Fund Regulation Legal Issues

With the continuous development of society, modern states gradually transformed into Social Security countries. Many countries set up corresponding social security system. And the establishment of the social endowment security system, is one of the hallmarks of the construction of the country’s Social Security. The establishment of the system of social endowment insurance fund makes it possibly come true to the family pension, social endowment, and disperse families’risks. Safety and value-added of social endowment insurance fund are the keys that make the social endowment insurance system work well. It is necessary for ensuring social endowment insurance fund safety to carry on the effective regulation and promulgate the relevant laws and regulations. This paper mainly discusses the legal problems of China’s social endowment insurance fund supervision. And the research contents are briefly introduced as follows:Part one:major ideas about research background, research objectives, research methods and the main body of research on China’s social endowment insurance fund regulation legal issues. Nowadays, social population aging in our country has become increasingly serious, the social endowment insurance system gradually established and endowment way gradually transformed from family endowment to social endowment. Social security and the value of pension funds is related to the stability of our state and society, related to the success or failure of the cause of reform, and relates to the healthy and stable economic development. At present, there are many problems of social security pension fund supervision in our country. The purpose of this study is exploring how to carry on the effective regulation to make it continue operating for a long time and become the important pillar of China’s social security system. In this paper, I have researched on the legal issues for regulation of social endowment insurance fund in our country through literature analysis, semantic analysis, empirical analysis and comparative analysis methods, and have presented my own minds about strengthening the legal supervision of social pension fund, as well as building perfect social endowment insurance fund legal supervision system, etc.Part two:mainly peep at the current situation of social endowment insurance fund in our country based on the research of Y city, the analysis of relevant data as well, and many inevitable contradictions and future payment risk problem existing in the construction and operation of our country’s social insurance fund system. We are facing equilibrium problems and deficit problems of basic pension because of the empty account operation and the fund gap. Besides, factors such as population aging is to strengthen the importance of fund management. All these factors are bringing higher request for the social endowment insurance fund supervision. It’s necessary for China to strengthen social endowment insurance fund supervision as current social endowment insurance fund operation condition and risks.Part three:Mainly research the basic theory of social endowment insurance fund regulation. It explains how the social endowment insurance system relies on the legal system from establishing pension insurance system by legislation, the mode selection of the pension insurance system, to the legal relationship between the various elements of the old-age insurance, etc. It also researches the concept and the classification of the social endowment insurance fund regulation, as well as the theoretical foundation of the social insurance fund supervision, etc.Part four:it mainly expounds the problems of social endowment insurance fund regulation in our country.In raising stage of social endowment insurance, according to the relevant laws and regulations, our country collects pay in the form of "fees" rather than pay social security taxes. So this brings the difficulties in collection, at the same time, Human Resources and Social Security Department has punished right, but has no enforcement power because of the permission settings of the social insurance agencies. And then, it brings difficulties on the inspection results and even causes problems such as unclear main responsibility body in the case of audit is not in place. Besides, there is not a unified legal system in social endowment insurance fund investment operation regulation and legal documents generally are abstract and broad so that they are not easy to operate. And some other problems as investment regulation legal system is not completed, trust management legal system needs to be improved as well. Part five:it mainly selects domestic and foreign social endowment insurance fund supervision experience for reference, including Germany, the United States, Chile, and Hong Kong region for research. It shows whether the classification management in the United States, according to the different nature of pensions using different regulation modes, or Chile’s strict regulatory approach, or self-management model in Germany, or company management, supervision mode of government in Hong Kong has reference significance to our social endowment insurance fund regulation. Advanced countries experience for reference for the social endowment insurance fund supervision has the following enlightenment: such as unified high status laws, the diversified investment channels, strict laws and regulations, perfecting social security system, rationalizing the equivalence relations between collects pay and payment, etc.part sixth:discourses how to consummate the regulatory system of pension insurance fund in Chinese society. In consummating the regulatory system,the author proposes a series of measures refers to making, more people to share the endowment insurance, regulating the collection and payment of the endowment insurance funds, improving the endowment insurance fund rate and force implementing the endowment insurance funds strictly. In legal surveillance aspect of endowment insurance funds management, different supervision functions shoud be given according to the differences of the individual to managing individual Social security retirement accounts classified, enhancing the budget management of endowment insurance funds, widening the management channels and so on. In enhancing legal supervision in investing Social endowment insurance fund, the author proposes classifying investing and managing the fund by means of trust.Different types of fund should be invested and managed in different mode.Implementing A combination of administrative supervision and social supervision so we can control the scope the investment of the fund effectively. It is important to perfecting the access system. The investor of Social Insurance Fund and old-age insurance fund should be approved first. It is also the essential and crucial precondition. Everyone who conforms to the requirements of the relevant laws and regulations can apply for the corresponding qualification certificate. On this basis, by means of tender evaluate from the Qualified fund trustee. In the process we should stick to principle of transparency.It is also important to restrict the proportion of investment and perfect the information disclosure system.The information disclosure system should be confirmed and refined from the law level, such as publicing the Social insurance fund budget compulsively,examining annual report, releasing operation, the safety of the funds and profitability regularly. At the same time, we should normalize the audit,public audit report regularly,implement effective supervision, social supervision of National People’s Congress. We can consummat the regulatory system from these aspects.