A Study On Delaying Retirement Age Legislation From The Perspective Of Constitution

China is studying the policy to postponing the retired age,the retirement system will face an important reform.Delaying retirement age provides opportunities for the improvement of our retirement system but is also controversial.Opponents argue that delaying retirement age will not only result in an extension of their years of work,but also increasing the burden on pension insurance and shorten the age of pension interest to cut.Their own rights and interests can not be fully protected is the fundamental of their opposition.Delaying retirement age legislation is based on a delay in retirement age,using legislative means to improve the retirement system,to authorize the legal protection of the interests of retirees,to balance the interests between delayed retirees and those who do not implement to avoid their concern about the interests of damage.This paper discusses the following aspects of postponed retirement legislation:The first part regards the delay in retirement as a starting point,including the postponed retirement to the scope of constitution.From a national perspective,multi-realistic factors prompte the state to take delaying retirement age policy to clear the social dilemma.From a personal point of view,beginning with improving the retirement age,China's delaying retirement age aiming to extend the retirement of the main work,will result in a certain degree of equity impairment.Delaying retirement age controversy essentially contradicts the interests of the state and the individual,while the Constitution is based on the relationship between the state and the citizens.Therefore,it is of practical significance to analyze the problem from the constitutional point of view.The constitutional point of view is based on the text of the Constitution,and many of the clauses of the Constitution are associated with the retirement system,such as the Articles 42 and 44,which are also part in the legislative process.The second part analyzes the constitutional provisions related to the retirement system and locks the Article 44 as a direct norm of the retirement system.According to the theory of institutional guarantee,Article 44 of the Constitution is defined as institutional guarantee clause and it has a binding effect on legislation.These clauses are designed to protect the basic rights,and these clauses determine the core content of the system.The legislator should respect the core system and cannot make changes through legislation.At the same time,the non-core system produced by the institutional guarantee clause and other constitutional is notbinding on the legislator,but it delimits the boundaries of the legislative freedom,providing the guidance for the legislative activities,and the legislative freedom under the guidance of the non-core system is reasonable.The core content of the third part elaborates that from the legal text to explain the text of the Article 44,Article 44 of the Constitution is an institutional security provision,in line with the characteristics of institutional security.Institutional security provisions determine to the core and non-core systems of a system to protect basic rights.Institutional security provisions have a binding effect on legislation,and legislators should respect the core system and can not make changes through legislation.The non-core system has no coercive binding on the legislator,and the institutional security clause is in line with other constitutional provisions.But it also provides guidance for legislators' legislative activities,and the freedom of legislation under the guidance of non-core systems is justified.The core content of the fourth part discussed that the purpose of the core and non-core content of the retirement system is to effect the postponed retirement legislation.According to the core content of the retirement system,postponed retirement by legislating cannot be changed.The retirement system should be unified,and through the pension system reform,the postponed retirement will be encouraged.The non-core content also plays a guiding role in postponed retirement legislation,and analyzes legislative aspects of retirement freedom choice,postponement of retirement age,different retirement conditions for different positions,and narrowing the gap between men and women.