The Research On China’s Pension Institutions Legal Supervision

A lot of " elder abuse " incidents that occurred in the pension institutions have been constantly exposed in China. This situation pushed all types of Chinese pension institutions to the cusp. The reason is related to the legal construction in China. Since the implementation of the population policy and family planning policy of two-way choice of employment, family size is reduced while the mobility of the population is increasing. The traditional home care has been unable to meet the retirement needs of the Chinese elderly. People have to choose the pension institutions to take care the elders. China has been taken on the pension agency by using extensive, market-oriented management model. The degree of national attention on the pension agency is not enough. At the same time, the law relating to pension institutions is imperfect, which makes the lack of pension institutions in the course of operations in legal support. So the pension agency market is messed up, and unable to protect the benefits of the elderly. Meanwhile, the development of the market is extremely limited. Learning the advanced concepts from foreign pension institution on improving the pension law experience have a positive practical significance and strengthen our pension institutionsCurrently, there are legal problems related with the pension institutions in China. China does not have specific legislation on pension institutions. Even though China developed a special access system and regulatory regime for pension institutions, the content is not particularly broad, and operability is not strong. At the same time, the content does not fit to the different level of local economic development and people’s differences in different regions of the pension needs. The access procedures are complicated so that it makes investors not want to operate private pension institutions. The management order is messed up in the pension institutions. And also, government does not offer to many supports. Another reason for the pension agencies accidents happen is the presence of the elderly and their families cost malicious default pension institutions, which makes pension institutions toughly survive in the market even if it is a sunrise industry. Our country does not establish a mandatory market exit mechanism. Once part of the pension institutions is out of the market, benefits and safety of the elderly can not get timely protection.For the access mechanism on the issue of the pension agency, the Chinese ministry of Civil Affairs has developed a law that is called "pension institutions established licensing approach" n June 2013. But there are still many problems existed in the access threshold pension institutions, admission standards and entry procedures. China should improve the existing pension institutions access standards, so that the pension agency can have the basic pension and provided material conditions for the elderly. In order to ensure that the pension agency to provide quality of service to the basic pension for the elderly, China should refine pension access standards from four aspects which are included qualified pension agency, category of service, quality of nursing, specific environmental facilities. The access procedures should be simplified in order to enable more investors to enter the market, so that it can expand the overall size of the existing pension institutions and reduce existing pension agency pension pressure. Because of this, it can promote the healthy environment of the pension agency market.For accountability mechanisms of pension institutions, as a basic subject, government have the ability to implement effective social protection of vulnerable groups, and promote social harmony. Pension institutions should have the pension needs of elderly care to reduce family planning. Under the pension system, home care unbearable pressure. The elderly and their families should be clear understanding of their responsibilities under the relevant legal system:Our pension institutions on regulatory issues, which relate to health, public security and fire, prices and other multi-sector, multi-sect oral and effective as to ensure the normal operation and development of pension institutions. The social forces supervision of the pension agency is to promote the normal development of the pension agency’s important One of the steps; the elderly and their families with the pension agency to sign a standard pension service contract, to establish a "complaints through train" as soon as possible, so that the relevant authorities on the complaints of the elderly and their families in a timely manner to avoid further deterioration of the situation, and only from the multi-aspect of strengthening the supervision of pension institutions, pension institutions in order to ensure the normal track along the front line. Chinese government should speed up the legislative rights of the elderly to try the pension agency relief mechanisms and fully respect the elderly pension guardianship of autonomy, so that prevent conflicts of interest caused by damage to the elderly.Due to the imperfect government policies and market operation system, some pension institutions have to opt out of the pension market. The lack of exit mechanism of pension institutions makes the interests of the elderly can not get timely maintenance and the lives of the elderly under great threat. In order to improve the exit mechanism of pension institutions. China’s pension agency to exit mechanism different classification should be treated and established mandatory exit mechanism under special circumstances. The law should withdraw from the government after the pension institutions for the elderly burden sharing and risk sharing made clearly defined and achieve an orderly exit pension institutions, so that pension institutions for the elderly to ensure the safety and dignity of life.