Research On The Legal System Of Pension Fund Trust In China

The long-term stable and healthy operation of pension fund concerns the stability and harmony of the whole society and the long-term stability of the country. However, under the impact of increasingly severe aging pressure and the overall inflation, it is subject to the lack of legal system, which makes it difficult to use the huge amount of pension fund, and the overall value of the pension is not enough. Throughout the world, the pension fund and trust system, with the trust system will be put into the capital market is the most efficient and market-oriented operation means.In this paper, the concept of pension fund and trust the nature, characteristics and functions are analyzed, from the perspective of legal value of pension fund and trust combination in ensuring the safety of pension, promote the increasing the value of the pension system, maintain long-term operation, standardize pension fund operation and achieve the overall win-win situation has positive effect; and by analyzing the current situation of our country, found in the current situation of aging and the increasingly serious situation of the pension payment pressure increased sharply, the pension trust should be the best choice, and the related legal problems need to be solved in promoting China’s pension trust system; through the example of selected differences between major countries in the world the pension trust system and common, found the achievements and experience of the countries of the pension trust, reference for China’s pension fund trust system; on the basis of the foregoing, the pension fund trust legislation, system operation and supervision level to provide suggestions to the construction of further perfecting the legal system of pension fund trust. The author thinks that, to promote the development of pension fund trust investment and operation of the legal system, must establish the pension trust investment and operation method, specially clear the basic old-age insurance fund trust, make the pension investment operation of the main categories of scientific and rational choice, provisions of the investment income and sound risk control mechanism, legal liability and other aspects of perfecting the pension trust related subjects to improve the legislative system of the pension trust; and ensure that the pension fund collection in order to enrich the trust funds, capital market reform environment suitable for pension investment to protect the pension fund trust system operation; to strengthen the supervision of pension trust investment through the timely adjustment of the pension trust investment regulation, adopt perfect centralized supervision and the establishment of specialized regulatory agencies, the promotion of audit supervision and social supervision system.