The Research On The Legal System Of Retirement

The legal system of retirement was established in the 1950 s,now,its institutional basis has undergone tremendous changes.In the new period,the meaning of the retirement and retirement system has changed.Retirement refers to the legal act of the worker and the employer how to terminate the labor contract or withdraws the position when the legal conditions are met.The retirement system is the general terms of the legal norms of how the labor contract is terminated when the worker reaches the legal conditions prescribed by law.The basic idea of the retirement legal system is to protect the workers from the poverty attack,the system mission is to fully protect the workers out of the field of professional labor and the human nature of the process.Retirement age is a key variable in the retirement system.Around the retirement age,there are two hot issues: First,the retirement age to determine;Second,the retirement age and labor law.Throughout the world of retirement system legislation,there are two modes: compulsory retirement and voluntary retirement.As a result of the involvement of the state public power,the retirement system has moved from voluntary retirement to compulsory retirement,and with the rise of neoliberalism,the retirement system is undergoing a transition from compulsory retirement to voluntary retirement.At present,there are many problems of our retirement legal system.It is urgent to reform and improve the retirement legal system.Retirement system reform is a major reform,should be lawful,comprehensive and serial.China in the conditions should be developed when the "People's Republic of China Retirement Law" to fully protect the retirement rights of citizens.Based on this,this paper takes our retirement legal system as the research object,compares and analyzes the experience of reform outside the domain,hoping to contribute to the reform of the retirement system and improve the legislation.The full text is divided into four chapters,the basic content is as follows:The first chapter is the basic theory of retirement system.The chapter first points out that the meaning of the retirement and retirement system has changed and the concept of retirement and retirement systems in the new era has been defined.On this basis,this chapter focuses on the changes in the retirement system and its theoretical basis: the liberal decline of the retirement system began to sprout;the establishment of the retirement system is mainly affected by the national intervention;and neo-liberalism to make retirement The system is undergoing a transition from compulsory retirement to voluntary retirement.Finally,this chapter compares the compulsory retirement and voluntary retirement in the process of evolution,and expounds the legal basis behind the system.The second chapter is the present situation and confusion of the legislation of retirement system in our country.This chapter begins with a brief introduction to the evolution and current situation of our country's retirement system.At present,our country's retirement system gradually presents the characteristics of "fragmentation".The chapter also analyzes the theoretical hotspots and practical problems of the retirement system: the nature of the retirement rights and obligations is mainly due to the ambiguity of the retirement concept;the retirement age exclusion of the application of labor law seriously undermines the unity of the rule of law and the public's confidence in the law;Delayed pension age is a historical trend,but our country does not currently have the social basis for delaying the age of pension.The third is an exodus system.This chapter mainly introduces the reform of the retirement system in the United States,Britain,Germany,Japan and Taiwan.Through comparison,it is found that the reform system after the reform is often associated with individual freedom,against discrimination and dismissal.The purpose of the system is also clear,that is,how to protect the employees from the field of vocational labor and humanization.The fourth chapter is the suggestion of the reform of our retirement system and the perfection of legislation.Retirement age The exclusion of the application of labor law has affected China's strategic plan to promote the rule of law in an all-round way.The most urgent task of reforming the retirement system should be to solve this problem and to confirm the qualifications of the laborers.Although the labor relationship reveals the essential nature of the employment relationship between the over-age and the employer,we must take into account the balance between the firm's affordability and the interests of the society.The labor relationship between the over-age and the employer should be legal For special treatment.After resolving the above problems,the reform of the retirement system should proceed with the improvement of the legal retirement age and the conversion of the retirement legislation model.When the conditions are ripe,the "People's Republic of China Retirement Law" should be formulated to fully guarantee the retirement rights of the laborers.