Research On Legal Problems Of Delay Retirement

From the 19 th century Germany has established the world's first legal retirement system to this day, the relevant retirement legal system just have gone through a century of history. Retirement legal system is to ensure that after normal exit from the job, retirees can get pension to maintain a basic standard of living and to guarantee their retirement legal right to implement. Social law, retirement law and labor law, and social security law are closely linked. From a planned economy to a market economy,after more than twenty years of continuous improvement and change, China has now been basically established social pension insurance system able to match the current level of economic development. However, with the advent of an aging population and a higher level of economic development, social progress, science and technology to improve the health and living standards. The problem of the average life expectancy of the population will increase the tension the degree of aging. Laborers working life with the loss of labor the ability to delay the age, our current pilot retirement age in accordance with the provisions of the unified policy slowly highlights its shortcomings. While the retirement age is set too low to solve the country's serious lack of interference aging, pension payments and other issues. A lot of workers in retirement law still enjoy old-age pension actively to implement re-employment, at the same time, many young workers have no way of employments. Leading to the pressure of the expense of endowment insurance and pathological increase employment pressure.World Social Security Research Center of Chinese Academy of Social Sciences released in 2012 pension report said that at present China's urban basic old-age insurance vacant account reached one trillion yuan in 2007, after that, in 2011 and2013, reach 2.2 trillion and 18.3 trillion respectively. At the same time many workers returning to their old jobs triggered intense job competition by re-employment after retirement. Both employment and pension mutually are exclusive. The concept of economic development, demographic change and active aging is established, so that our retirement system faces pressure to change the law. Thereby reconstructing the retirement legal system to make it more responsive to the social development is an important issue for the social law workers.Faced with this situation, the Ministry of Human Resources and Social Security will gradually improve flexibility in determining a minimum retirement age of retirement system based on the delay survey: that is workers are free to choose the way to retire within the specified range, age and income and distribution of the old age pension and retirement age closely linked to delay retirement system. Establishing and improving the retirement system is of great significance. It can ease the contradiction between the current retirement age of workers after reaching retirement age and some still want to continue to work; to alleviate pension empty account issues;ease the employment pressure, to meet the various types of work groups.Fundamental delay in retirement age depends on storage of personal accounts and Calculation and payment of pensions that will balance the contradiction between fairness and efficiency of the social welfare pension to a considerable extent. Under the perspective Delayed retirement pension system, we must adhere to the principle of the universality of fundamental unity, to ensure the implementation of labor market supply and demand balance not to be affected under the young labor force premise..Establishing Delayed retirement system also requires the improvement of relevant legal system. Generally speaking, retirement legal regime should seek substantive justice as a fundamental objective, and reflects the inclination of features to protect vulnerable groups in practice. China's current legal system of retirement after years of development, has made a major breakthrough, but still inadequate,especially systematic and effective weak. In this paper, the retirement age for the study of the subject, adopted comparative induction research methods to start legal retirement age for the purposes of the current China policy and defects; analyzed impetus to delay the retirement age pension insurance. Learning from the United States, Japan, Germany and other earlier delay retirement Age legislative situation countries, the paper summarized the current inadequate of retirement system and propose strategies to deal with, pointing out the necessity of delay retirement system;and reflected on delay retirement system specific content. Eventually delayed retirement system will be established in a preliminary reference to other countries based on China's national conditions.