A Research On Legal System Of The Trustee Of China Pension Trust

In this context,China's current pension system also faces serious challenges,because the problem of population aging has brought different degrees of impact to the pension system of various countries.Most of the national pension investment management system combined with the trust,by a specific institution of the pension fund operations,the realization of the pension value,and ultimately for the retirees to provide a reliable guarantee of life.In China,the pension trust system is still in the initial stage of operation,the pension system,only the National Social Security Fund and enterprise annuity to the trust model to actually run in 2015,China's basic pension insurance fund investment program to determine the trust mode,On the future for our country to establish a sound pension trust system provides the possibility.The pension system includes three stages:fund raising,fund management and treatment payment.During the operation of the fund management phase,the trustee,as the core party,holds the whole process of pension investment,based on its key role.Focusing on the trustee.Since the pension trust is most similar to the trust model selected by the foreign pension plan in the realization mechanism of the pension trust in our country,and the other pension fund has not actually run,the analysis of the trustee legal system in this paper is based on the enterprise annuity trust.This article consists of five parts:The first part is the introduction,which introduces the writing intention and the whole frame of the article.The second part is the general analysis of the pension trustee system.The pension trust is one of the new achievements in the trust field.The development of the pension by the trust system is the common practice in the pension plan of most countries abroad.In addition to the national system of social security funds and enterprise annuity funds identified as the trust model and the actual operation,the basic old-age insurance fund has been identified as a trust model,but the specific operation has not been achieved.This part analyzes the rights,obligations and responsibilities of the trustee in the pension trust system in accordance with the current law of China on the pension trust.The third part is the problems in the legal system of the trustee of the pension trust.As the trust model of other pension funds has not yet been put into practice,this part mainly analyzes the trustee system of the enterprise annuity trust.The problem includes three aspects:The second is the absence of trust theory.in the construction of the trustee system,which is manifested in the absence of the trustee and the absence of the trustee in the trustee system.In the absence of the trustee system,the trustee system is not complete,the law is imperfect,the law is imperfect and the supporting law is missing.The market into a vicious competition;Third,the lack of fund management process the supervision of the trustee.The fourth part is the introduction of the extraterritorial system,mainly draws on the experience of the pension trustee system of the two developed countries.The United Kingdom is the birthplace of the trust,has a long tradition of trust,established by the legislative form of the trustee extensive investment rights and comprehensive regulatory measures,the United States is clearly defined by the law of the trustee to follow the obligations of the rules guiding the trustee investment behavior,Decentralized regulatory measures to ensure the operation of the employer's pension plan,the formation of incentives to tax incentives,the overall increase in the participation rate of the employer pension plan.The fifth part is the suggestion of perfecting the legal system of the trustee of the pension trust.Because of the low legal status of pension trust in China,we should establish a unified law,revise the existing law and improve the legal position to protect the trustee status.At the same time,it is necessary to speed up the establishment of supporting law,Only confined to the trust law,but also with other laws in harmony,to build a sound system of the trustee system.The lack of theoretical foundation for the construction of trust system can be strengthened by establishing a professional pension management company and strengthening the trust culture education.Finally,the supervision measures from the pension trust supervision mode and the business process supervision are perfected.Pension system is an ettective way to resist the problems brougnt by population aging.The trust model can realize the healthy operation of the pension fund.As the core of the operation and management of the pension fund,the trustee needs to pay attention to its key role in the law.In the external environment,there is no tradition of trust culture and ignoring the trustee's advantages,so the establishment of relevant legal system and improve the regulatory measures is imminent.