Research On The Operation Supervision Laws Of Public Pension Institutions In China

With the rapid growth of China’s elderly population, China’s pension problem is difficult to simply return to the family. The government shall establish the public pension institutions: support the poor or the disabled elder, and ensure social fairness and justice, which make the people share the fruits of social development. However,the operat of public pension institutions in China are tough: some provincial and municipal welfare centers run good, while most of the streets welfare units and county geracomiums exist a series of problems in the operation. Therefore, our goverment begins to promote the reform of public pension institutions : retaining part of the public sector pension institutions for the basic old-age security, then let some social power operat the public pension institutions, to deal with the intensification of aging.But the current law of our country don’t defined the public pension institutions clearly,while the public pension institutions’ and the private pension institutions’ service object position fuzzy, which led the regulator of China’s public pension institutions and the regulation conten controversially. Therefore our country need to build the public pension institutions operating supervision legal system for correcting the public pension institutions’ operating difficulties, safeguarding the legitimate rights of the elder, and ensuring the country’s duty of providing basic public pension services.Public pension institutions in China are government-affiliated institutions, which mainly were constrained by the government policy or the administrative order, and the supervision was very casual.At present, China’s Civil Affairs Ministry just list some basic contents on the supervision and management of the pension institutions,including " Report written examination, Pension institutions assessment, Information statistics, Complaints, and Supervision". While the local regulations and the departmental rules are exposed many issues: the legal supervision of public pension institutions are multiple,and the regulatory methods are simply etc. In addition, China’s public pension institutions have the deviation in the service object positioning.Thepublic pension institutions operating regulation laws are lax, making that the most needed people do not have access to the basic public pension service, which is contrary to the mind of country setting up public pension institutions.Many regions and countries have entered in the aging society earlier, and they have a relatively complete legal system of the public pension institutions’ operation supervision. Relatively speaking, the public pension institutions operation supervision laws outside of the mainland of China are more detailed and reasonable: clear the regulatory’s terms of reference, combined with the rating system and performance appraisal system to improve the pension service quality control, build a unified information network for information transparent and so on.Considering the current situation, the law should be clear that the elders can equally access to the public pension agency services. Then the ministry of civil affairs should have basic regulatory role, and the law needs to clear the responsibility of the supervision body. Finally perfect the specific contents of the regulation: First, complete the nursing homes’ classification regulatory standards; Second, make the written examination and field visit more operational for perfecting the rating system or the performance appraisal, then enhance their relationship with the fiscal subsidy, to improve institutions’ service quality; Third, open the public pension agency information by building the national pension agency information website; Fourth, the law should set the specific way of complaint for the elder by the informationg website.In order to ensure the specific rights of each old people,and the healthy development of the pension industry, Our country needs to develop a reasonable and effective supervision legal system for the operation of public pension institutions.