Research On The Legal System Of China's Basic Old-age Insurance Trust Operations

The basic pension insurance operations,directly related to the vital interests of our millions of retired workers,our pension system to the stable operation,it is necessary to prevent risks,efficient operations,to ensure the people "tell your" safety and profitability.The basic pension insurance trust operations is a new way to increase the value of the basic pension insurance,specifically refers to: the provinces,autonomous regions and municipalities to the basic pension trustee and the trustee investment management.The trustee can invest on their own,then they can trust and other investment institutions signed agreements.The basic pension insurance occupation and appropriation of serious,professional investment managers lack of ability,low yields my basic pension insurance premiums.In the basic pension insurance trust operation process,the independence of the trust property can effectively safeguard the integrity and independence of the funds to prevent misappropriation phenomenon;trust professional financial characteristics make trust operations in operating costs,operating income and operating risk prevention there are aspects of great advantage to protect the safety of China's basic old-age insurance and profitability."Basic pension insurance fund investment management approach" 8,2015,issued as China's basic old-age insurance trust operations played a more comprehensive normative role,the pension trust entrusted by the provincial or municipal government trustee,the trust system is conducive to the use of ensure the independence of the basic pension,and the pension into the market,more conducive to increasing the value of pensions.Providing a legal basis for the basic pension insurance trust operations.Using trust operations,help reduce operating costs and facilitate the monitoring and management of pension insurance,more conducive to safeguarding pension security.Therefore necessary to analyze the legal relationship between the basic pension insurance operations of,and to study legal problems of China's basic old-age insurance trust operations."Basic pension insurance fund investment management" OK trustee of the Trust and the unclear legal defects,resulting in China's basic old-age insurance trust can not operate for maximum effect.The main problem is that,because of China Property Law "one thing,one right" principle and the principle of trust in the conflict "dual ownership",resulting in China's basic old-age insurance,applicable commissioned expression,resulting in the trustee and the agent's confused.And the lack of specific trustee selection system,China's "Trust Law" obligations of the trustee is too broad,and the lack of basic regulatory system pension trust.Pension insurance operations in Chile,the United Kingdom,the United States three countries have taken in trust for the perfection of the basic pension insurance trust provides many operators experience is worth learning.Improve the basic old-age insurance trust operations legal advice based on China's specific conditions in the following five aspects: First,determine the basic pension insurance trustee,entrusted with a clear distinction between the Trust and ensuring the smooth operation of the old Life Insurance Trust.Second,increase the trustee selection system.Third,improve the basic old-age insurance obligations of the trustee,"Trust Law" stipulates that the trustee's general obligations,but obligations "Trust Law" prudent investment too broad,basic pension insurance operations in our trust it is difficult to effectively regulate the behavior of the trustee,it required the development of specific provisions of the basic pension trustee prudent investment,and should add special compulsory basic pension trust of investors,the obligation to ensure a minimum rate of return.Fourth,China's basic old-age insurance premium trust during the applicable trustee breach the principle of presumption of fault.Fifth,from the body of supervision,content,methods of supervision supervision supervision of three aspects to improve the basic old-age insurance premium trust operations.