Study Of The Legal System Of Retirement Delay

With the continuous progress of modern society and the development of economy, the living standard of people has been increasingly improved. Moreover, due to the obviously prolonged average life expectancy, the demographic structure has changed, which has increased the burden on social pension system. Already in 1950s, China had detailed stipulations on retiring age. But the stipulation of retiring age issued in 1978 has been implemented for over 30 years, it cannot meet the current national condition and the new circumstance of China. It has social and economic foundations to adjust Chinese existing retirement system and to advance the system on retirement delay. At the same time, retirement system directly concerns people’s vital interest, and the adjustment of legal retiring age and the establishment of retirement delay system are both issues demanding prompt solutions in the field of pension, which are also in close relation to people’s retirement right and other social welfare. However, comparing with developed countries, the current retirement system of China has deficiencies. The existing laws and regulations on retirement and retiring age are not systematic, which cannot completely meet China’s current national condition and realities such as the unreasonable retiring ages, the different retiring age between men and women due to sexual inequality, the overburdened social pension system.This paper has three parts. In the first part, it focuses mainly on the legitimacy of establishing the legal system of retirement delay. Firstly, the author expounded the different theories of delaying retirement to analysis the specific definition of the delay retirement in this article. Secondly, the author made a profound analysis of the necessity of delaying retirement, and put forward that it is critical now for China to set up the legal system of retirement delay. And finally, the author explored the supporting elements for establishing retirement delay system from various aspects and analyzed the feasibility of building retirement delay system in China.In the second part, this paper presents the overseas retirement delay systems and the evaluations. The author first introduced the retirement delay systems of several foreign countries, and then dissected these retirement delay systems. After profound analysis and discussion on their merits and demerits, the author gave objective evaluations on these overseas retirement delay systems.In the third part, this paper come up with some suggestions on establishing the legal system of retirement delay. The author put forward the principles of establishing retirement delay system to begin with. And by learning from the successful experience of overseas retirement delay systems and combined with our national conditions, the author proposed some feasible suggestions on the establishing the legal system of retirement delay in China.