The Study On The Legal System Of Chinese Flexible Retirement

The legal system of China retirement began in fifties last century,in the form of administrative regulations to regulate retirement problem.Because of the fuzzy definition of retirement,the retirement system has caused many legal problems,such as the large gap between male and female retirement age,long time annuity delivery and so on,which lead to confusion on the legal application.The retirement should be a right but not an obligation,and there should be no repulsion relation between retirement and labor right,the labor right of labors should not be limited or deprived because of retirement.Construction of legal system of flexible retirement,become the most basic and important task.In order to construct the legal system of flexible retirement,we should balance the freedom and enforceability,gradually shrink the big gap between male and female retirement age.Referencing legal system of other countries' at the same time,set the retirement age range,coordinate flexible retirement system and pension system.At the same time,in order to ensure the smooth implementation of flexible retirement system,comprehensive way of judicial remedy should be set up.Flexible retirement system is the supplement to the legal retirement age,and implement more open retirement system,and gradually transit the compulsory retirement to the flexible retirement.