On The Constitutional Foundation Of Voluntary Retirement

The definition of the "retirement" consists of double structure,including "being rid of job" and "receiving pension from government".In this article,the author tires to research "voluntary retirement" through "being rid of job".In China,labors have to give up their job and then owe the right to ask for pension when they are up to mandatory age for retirement,so it is a kind of "compulsory retirement"."Compulsory retirement" is in controversial area.In order to solve these problems,some scholars held the view that it is necessary to reform the retirement system in China and found a new system based on "voluntary retirement".The theory of constitution should respond to these problems.Actually,either "compulsory retirement" or "voluntary retirement" is a problem of constitutional law.The author held the view that in order to solve these problems,it is necessary to explain the Article 42 and Article 44 of current Constitution of People's Republic of China(1982).Article 44 of current Constitution means it is responsible for Chinese government to establish the retirement system for the labor.But it is difficult to explain "voluntary retirement" through the Article 44 of current Constitution(1982).The connotation of normativeness of Article 44 is unclear.The Article 42 of current Constitution is about "labor right".Since the establishment of People's Republic of China,the "labor right" has changed from pure social right to liberal right.As a kind of liberal right,"labor right" of current Constitution is the important foundation of the proposal of "voluntary retirement".In this article,the author holds the view that"voluntary retirement" is based on constitution norms,and what's more,the"voluntary retirement" is also subject to several Constitution articles.This article including four chapters:Chapter 1 Retirement:Rid of Job and Get Pension the definition of the"retirement" consists of double structure,including "being rid of job" and "receiving pension from government".In this article,the author tires to research "voluntary retirement" through "being rid of job".In China,labors have to give up their job and then owe the right to ask for pension when they are up to mandatory age for retirement,so it is a kind of "compulsory retirement".Chapter 2 Research Retirement through Constitution Law Actually,either"compulsory retirement" or "voluntary retirement" is a problem of constitutional law.The connotation of normativeness of Article 44 is unclear.The legal system of retirement should be mainly based on law made by the National People's Congress and its Standing Committee.Article 44 is closely linked with Article 45,so the Limitation of Retirement System is consist of oldness,illness and incapacitation.Chapter 3 The Historical Change of the Labor Right:From Compulsory Retirement to Voluntary Retirement Since the establishment of People's Republic of China,the "labor right" has changed from pure social right to liberal right.As a kind of liberal right,"labor right" of current Constitution is the important foundation of the proposal of "voluntary retirement".The System of Market Economy Signed into Constitution in 1994 means that labor right has turn into liberal right.Chapter 4 the Constitutional limitation of Voluntary Retirement "voluntary retirement" is based on constitution norms,and what's more,the "voluntary retirement" is also subject to several Constitution articles.In China,retirement system is endowed with political functions.