Research On The Legacy-support Agreement System

To solve the problem of household enjoying five guarantees,our country established the system of legacy-support agreement.The five guarantees system has evolved from the collective welfare to the social security system supporting by the country’s public finance,and it didn’t need to rely on the system of the legacy-support agreement any more.The termination of the historical mission does not necessarily lead to the exit of the legacy-support agreement system.The process of exploring the diversified pension mode for growing pension pressure has injected new vitality to legacy-support agreement system. Family pension,community pension and institution pension can involve legacy-support agreement in different degrees. Compared with other pension arrangement,legacy-support agreement system is the most closed to the current situation and has the most profound foundation of reality.The intend of serving the five guarantees system that has been set at the beginning of period of the legacy-support system has been unable to cope with the changing reality. The legacy-support system is accepted widely,but there is also inconvenience of using at the same time,especially at the problem of subject qualification,disputes in the process of performance and the release of agreement.The above empirical analysis points out that there are practical problems in legacy-support agreement system,so it needs to get further improved.In order to find the solution of the problem, this paper chooses to use comparative analysis method to demonstrate that our country is lack of the institutional environment for normal operation of the contract of succession system which is similar to the legacy-support system by analyzing its establishment and abolition. Under the consideration of not adding system optionally,this paper chooses to improve the legacy-support system to deal with problems in practice instead of introducing the contract of succession system, which can share part of pension pressure.On account of the confusion of fulfilling the contract about bequeathing and supporting which was entered by heirs and decedent in practice.Ar first,we should recognize the effectiveness of such contracts according to the theory of contract law, and get it into the scope of the regulation of the legacy-support agreement system. That is to say,we can expand the subject scope of the legacy-support agreement system and recognize the effectiveness of contracts which signed by legal heirs or social organizations as supporters.Secondly,to avoid the absence of law when the disputes occur,we can reference the relevant provisions in contract law about unsafe right of defense, the liability for breach of contract and the termination of contract.During the period when supporters need to perform the obligations unilaterally as it is not the time for dependents to perform the obligation, supporters could exercise the unsafe right of defense if dependents transfer or hide properties. Then supporters can choose to perform the contract continuously or terminate it depending on whether dependents recover his assets or not. If supporters fail to perform or improperly perform maintenance duties,dependents could ask him to take the responsibility for breach of contract in different ways such as termination of the contract,claiming damages for breach of contract or liquidated damages.Parties concerned can free form the impossible contract by terminating it such as dissolution by statutory, dissolution by agreement and dissolution by appointment. Taking the legacy-support system as one of the available ways to relieve pressure of social pension, this paper not only describes problems existing in our country and introduces the contract of succession system when regulate the relationship of rights or obligations between dependents and supporters. After further analysis of the current situation and institutional environment of contract of succession, this paper chooses to explore legacy-support agreement system to seek solutions from origin instead of introducing the contract of succession system.