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Research On The Legal Issue Of Pension Fund Investment Management Of Our Country

Posted on:2015-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:X F WangFull Text:PDF
GTID:2296330452956386Subject:Law
Abstract/Summary:PDF Full Text Request
Beginning with the proportion of the population aged over60exceeding more than10%of the total amount, China entered the aging society formally in the end of20thcentury. The aging trend of population has led to a sharp increase in the demand of ourpension fund. So the government has to take precautions to face the problem. Meanwhile,in recent years, under the influence of high inflation, China’s pension fund has devaluedsharply. In order to cope with the crisis of aging of our population, to ensure the old have abetter lives in future, government has to invest pension fund to obtain a higher return oninvestment to cope with an aging population crisis. On the other hand, the managementinstitutions of pension fund use the power to embezzle and misappropriate the fund. Thesecases have repeatedly occurred, resulting in the great loss of pension fund assets. Thushow to effectively manage the "life money" of our people, matters the vital interests andlong-term of the people, and our social harmony and stability. Therefore, there’s a strongpractical and theoretical significance to research the legal issues of investmentmanagement and the risk control of the pension fund.In this article, we introduce the legal of issues of our pension fund investmentmanagement through5parts,which are defining the concept related to the pension fund,our pension fund investment operations in the risk analysis of pension insurance fundinvestment management and legal status of the regulatory model,to compare with theforeign legal system of the pension fund investment management,as well as legalizedPath of the investment management of pension fund. First, we give a clear definition ofpension fund investment management concepts, which lay the cornerstone of theory. Thenext dedicated chapter, we give a detailed introduction of China’s pension fund investmentmanagement from two aspects: systematic and non-systematic. Based on the foundation oftheory, we should establish an effective risk early warning and prevention mechanisms onpension fund investment to ensure the safety of pension fund assets, to increase their value,to ensure the legitimate rights and interests of the beneficiaries. Then the article introducedthe issues in the investment management of our pension fund and the current status of our fund. In the aspect of our current legal regulation, we take a longitudinal comparison ofthe different characteristics of pension fund investment regulation legislation on differentperiods. Then through horizontal comparison of different pension fund investmentmanagement models and legal supervision of foreign countries, giving China an advancedtemplate on pension fund investment management, this providing the constructivecomments on further fund management of China, combined with China’s nationalconditions. In the last chapter, in order to further improve the management of pension fundinvestment patterns, and to put forward the practical opinions and suggestions. In theaspect of law and regulatory, we propose the legislation on "pension fund investmentregulation law", making our pension fund investment to be more normative. Regarding theprevention and management of risks, we primarily take measures from two aspects: one isto speed up the progress of legislation on related area; the other one is to regularize thebehavior of such legal subjects, such as to improve the external supervision and internalbehavior of fund managers and other social intermediary organizations. Following thesuggestions above, we can enhance the risk prevention, the early warning capability ofpension fund investment in China.From the analysis above, we have sought to clarify the shortcomings on the basis ofdefects on investment management of pension funds that exist in the current, as well asshould we follow the example of successful experience of Europe and other developedcountries and other developing countries like Chilean on the pension fund investmentmanagement, then we research the current situation in our country of the pension fundinvestment management, and the legal and regulatory as well as the risk management,eventually we try to propose an appropriate solutions on legislative proposals in ourcountry.
Keywords/Search Tags:pension funds, management mode, legal supervision, risk management
PDF Full Text Request
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