Legal Reflection On The Revolution Of Retiring Age System In China

In the background of the aging process of population is deepening, so the issue of the retiring age reform has been concerned in the society. The retiring age system in China was formed in 1950s. Through the half a century, even though there is a new development, the little change in retiring age system still exits a contradiction with the current social situation in China. In currently, Chinese delayed retirement plan has been formed, which will be announced soon and lucubrate the issue of the reform of the retiring age system, and provide specific theoretical and practical proposals and value. The main body of this paper includes five parts:Firstly, it is the legal definition of retirement, retiring age, and the history of Chinese retiring system. Based on the legal definition of retirement, it presents that although the present regulation is a kind ofobligation, the essence of retirement is a right. The retiring age is the most visible parameters in the retiring system; it is very significant in the micro and macro level. Depend on the development of Chinese retiring system, which is divided into explore the establishment stage, stagnation stage, recovery stage, reform development stage, and the recent new development in time level. On the other hand, in the system level it can be divided into main retiring system and the special retiring system From the specific content, it can be separated from normal retirement, early retirement and delayed retirement.Secondly, Chinese retiring age system is existing currentproblems. Current issues main include low degree of the retirement in the legislation, contradiction between average life expectancy and low retiring age, huge differ in group of retiring age, and early retirement and "retired" problems in practice.Thirdly, it is the debate and analysis of the reform of retiring age system inChina. There are three main arguments that contain whether to delay retiring age, to retire at the same age between male and female, and to implement flexible retirement The author agrees to delay retirement and the same retiring age between male and female. However, the flexible retirement should be postponed.Fourthly, it is the international practice and experience of the reform of the retiring age system. In the first part, author will introduce the specific practice in the United States and France, and then summarize the retiring age system reform experience that main contains planning ahead of time, a gradual increase in the retiring age, male and female retire at the same age, carefully implement flexible retirement.Last but not least, it is to reform the retiring age system in our country. The reform includes establishing political guidance, strictly regulating the early retirement, gradually implementing delayed retirement, good handle in time and rhythm of delayed retiring age policy adjustment, advancing notice, advancing step by step, and slowing down the implementation of a flexible retirement.