Research On Legal Problems Of Private Pension Institutions In Rural China

In a proactive strategy to deal with an aging population and the 13th Five-year Plan is proposed to fully release the pension services, which means that social forces to invest in the pension services will become the future trend. At present, the situation of rural population aging in China than the city more severe, but rural social old-age service construction has lagged far behind in the city. Therefore, the gradual liberalization of rural and township limits the development of rural pension services. It is an important part of urban and rural old-age service fairness and realizing the integration of urban and rural construction. Rural private pension institutions is still in its infancy in the old-age service system in urban and rural areas, because of the absence of the lack of legal protection, the problems existing in the development of increasingly prominent. Therefore, this article from the point of view of promoting the healthy development of the rural private pension institutions of on the basis of law, the theoretical basis of the comprehensive use of economics, economic law and social science, through the combination of empirical analysis and normative analysis method, to clarify the legal problems existing in the rural development of private pension institutions and tried to put forward the countermeasures to improve.First of all, the problem needed to support the basic theory. Through the definition of rural private pension institutions and legal nature, it discusses the rural old-age ease pressure, promoting rural social endowment development value. Welfare pluralism, social middle layer, sustainable development, market regulation and market failure theory to explore the social value and economic value of the development of rural private pension institutions, lay the theoretical foundation for the following empirical analysis and normative analysis.Secondly, to find the problem oriented, the return to practice, through of Hubei Hanchuan, Guangdong Zhuhai civil affairs departments, four typical villages of private pension institutions and 125 foster the empirical research of the elderly, the pension agency operating status and elderly satisfaction to examine and from found its presence in the business, the provision of pension service, legal disputes, implement preferential policies etc. difficulties and legal problems. Through in-depth analysis of these legal issues, this paper believes that the legal position of fuzzy, supervision and evaluation mechanism is missing, the separation of management rights and ownership, dispute settlement mechanism is not perfect and other reasons.Again, through the comparative analysis method. In this paper, the typical welfare countries (including the United States, Japan and the United Kingdom) on the participation of non-governmental organizations and social forces to the rural old-age problem solutions and related legislation of analysis, and combined with the actual situation of our country dialectically in reference to the experience and draws some revelations.Through the above analysis, combing and summary, this paper has a systematic understanding of the legal issues of rural private pension institutions. Through the proposed legal protection measures and the corresponding supporting mechanisms, in order to provide a sound legal environment for the healthy development of private pension institutions in villages and towns and the protection of the rights and interests of the elderly.