A Study On The Legal System Of Chinese Retirement

Retirement system originates from Germany in the 19 th century. With extension of the principle of social security in the world, retirement system has been established around the world. Since the founding of China, retirement system has developed for years in various fields in the whole society. Although retirement system in China has a history of decades, due to the shackles of the theory, it leads to many problems of retirement system in the new historical period, which causes the attention of the authority and theory. Many experts want to offer advice to construct a perfect retirement system. For example, some sociologists put forward perfect project in term of sociology. Some economists make suggestions from economics. Actually, in essence, retirement system is to be the legal system. We should construct theoretical system in the first place,and then we should establish the legal system.Law community offers many pieces of advice which consist of the theoretical materials about how to make research on the retirement system from the aspect of legal system. And many scholars also put forward views and suggestions to solve practical questions. But these proposals are the temporary solutions, not the permanent solutions. To establish a retirement system which contributes to construction of a harmonious society, we should start from the theoretical core of the system to clarify the premise of theoretical foundation. In terms of the essence of the retirement system, the most important duty is to clarify the legal nature of retirement. In perspective of the laws and the relevant researches in the early days, we can only pay attention to the retirement "duty".And Chinese legal system of retirement has built the legal system around the "duty". But the retirement obligations are against the labor freedom in theory, and it has also led to problems in the field of retirement in China.In order to solve this problem, we should trace back to the theory, and we must redefine the legal nature of retirement. After we summarize a variety of theoretical materials, we should define the retirement as “right”. Our country should take "rights" as the core to establish the retirement system. And it helps retirement system adapt to the society. When we build the retirement system, we should take flexible retirement system and flexible pension system. Meanwhile, in order to ensure the operation of the retirement system, we also need to set up a perfect remedy system which adapts to the “right”.Thus, we should take full advantages of society,administrative institutions and judicial institution and establish a set of remedy system which consists of private and official institutions, administrative and judicial organs.