The Legal Problem Of Membership-based Pension Service Contract

Facing the severe problem of aging society, China is improving diversified methods toprovide the aged under such a huge burden. So far, China has developed differentmodes to guarantee the aged can live their left lives safe and sound, which are basedon community endowment, organizational elderly support, elderly home care,house-for-pension and membership-based pension etc. In the new era, privateenterprises’ joining the pension industry is the new activity to explore new mode tomodify the policy and to ease strengthen our country’s huge pressure.As the experiment of private enterprises’ exploring the pension industry,membership-based pension has got some achievements in Tianjin Yunshan Town andShanghai Qinheyuan. However, membership-based pension is in the face of manyproblems, such as lacking of the special regulations, existing disputes about creditors’right and debt, which are the capital elements blocking the development ofmembership-based pension. Membership-based pension service contract is the keyrole of guarantee the aged and protecting the rights and interests of endowmententerprise, figuring out the disputes caused by membership-based pension mode aswell. Therefore, the writer will in the civil law perspective work the law regulationsout to safeguard the right and obligations between the elderly and endowmententerprise perform smoothly.Referring to the modes of endowment abroad, the writer thinks that the mainproblem hindering the development of membership-based pension is the nature ofmembership fee and the inheritance and transfer of the membership card. The writerwill keep the point at the basic law and regulations providing legal basis of disputes inreality to define the nature of membership fee and inheritance, transfer of membershipcard.The paper is divided into four chapters. Chapter One generalizes themembership-based pension service contract. Chapter Two analyzes the nature ofmembership fee. Chapter Three introduces the inheritance and transfer ofmembership-based card. Chapter Four gives some suggestions for the mode ofmembership-based pension.