Research On Personal Accounts’ Legal Problems Of Endowment Insurance System Reform

The endowment insurance system in China is closely related to the development of the economic system. Improving the social endowment insurance system, especially funding personal pension accounts, has played a positive and important role in China’s economic and social development. Funding personal account is of great value to ethics, economics, system and so on, reflecting the humanity concern of the social security system as well as its social role of mediation. The legal system of basic endowment insurance in China is an important part of the legal system of social security, and its value orientation has determined the legal relationship of individual account occupies the key position in the whole system.The "social-personal" combined model is an inevitable choice of moving our social security system forward. In the transforming process of China’s social security system, especially the endowment insurance fund system, some factors inconsistent with the economic development and social progress unavoidably arise, which thus arouses some scholars’ great concern about the hidden danger of "Empty Account" in personal accounts. The thesis mainly proceeds with the present situation and the reason of "empty account" in endowment insurance and conducts a comparative analysis by fluctuation factors and a systematic research from the legal perspective. The paper consists of three parts, including the reason of "empty account" in personal accounts, the countermeasure analysis and the practical advices. In the first part, starting from the reason of the "empty account" in personal account, the thesis introduces the present situation of China’s endowment insurance system and focuses on the characteristics of personal account system and the reason it’s introduced, and it also explains why the personal account system fits into our national situation. Moreover, the paper elucidates the various reasons causing empty account in personal account, including the historical reasons, the operational reasons, the social reasons and so on. Those reasons affect each other and complicate the problem, which means the resolution must be multilevel. The second part elucidates the origin of the pension personal account issue and its solution strategies. From the introduction to foreign pension reform experience, it is easy to find the countries adopt diverse methods in dealing with the payment pressure, but the value orientation of fairness and efficiency is always the guiding spirit in the endowment insurance system reform.Thus in the specific reform, China should fund the personal accounts step-by-step on the basis of its national situation and the oversea experience. Then the paper expounds the foundation of funding personal accounts, including both the value orientation and the pattern classification of social security. It illustrates the necessity and possibility of personal accounts funding from the angles of both theory and practices, providing a strategic choice for personal account funding in China. In the end, the author puts forward his own reform suggestions and multi-angle feasible advices from four major aspects, including defining the government’s responsibility, identifying personal rights and obligations, improving the level of supervision and management and perfecting the social supporting system.The paper attempts to supply a theoretic foundation for ensuring the socialist social safety work and strives to benefit the related legislative study of China’s individual account in endowment insurance...