Reflection And Perfection Of The Legal System Of Retirement In China From The Perspective Of Retirement Right

In 1951,China promulgated the first retirement administrative regulations known as Labor Insurance Regulations,which opens the legalization process of the retirement system.After years of evolution of the legal system of retirement,however,academic circles have never paid enough attention to the legal concept of retirement.Retirement legal system relates to the vital interests of every worker,and also to the national economy and the people's livelihood.With the development of social and economic structure,With the transformation of the social economy structure and the change of demographic structure,the current legal retirement system has already exposed many problems,it makes the degree of social stratum differentiation deepening,social conflicts continue to accumulate and the majority of workers can not share the benefits of economic development.After re-examining the legal concept of retirement,we find that it should be defined as a right that citizens have the right to choose whether to retire,and have the right to apply for retirement pension insurance to protect the elderly life.Retirement does not mean the loss of qualifications of workers,neither completely withdraw from the field of labor.We should face the contradiction between the current legal system of retirement and social practice based on reality,thereby making "retirement" return to its essence,and abandon retirement obligation by shaping the retirement right,we also should improve the current retirement Legal system in perspective of the right to retire.Our current legal system of retirement includes compulsory retirement system of legal retirement age and pension insurance system.Compulsory retirement system of legal retirement age unreasonably restrict the right of workers to retire,depriving labor rights of citizens,disqualifying beyond the statutory retirement age.The pension insurance system also has many issues,such as unstability on retirement policy,unpredictable employee retirement rights,poor status of retirement rights relief.Therefore,we should focus on the retirement right to improve the current retirement system by following aspects: Firstly,we should abolish the compulsory retirement system,establish a flexible retirement system,set a reasonable basis age for retirement,implement the same retirement age for men and women,restrict reasonably on early retirement qualifications.Secondly,we should establish the substantive rights and procedural rights of the pension insurance claim,an incentive framework under the flexible retirement system,and the pension equilibrium system for re-employment after retirement.We should also build a pension claims relief system in order to maximize the maintenance of social justice,and to protect the rights of retirement.