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On The Perfection Of Early Retirement System

Posted on:2018-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:D M FanFull Text:PDF
GTID:2416330542959134Subject:Law
Abstract/Summary:PDF Full Text Request
The core of the early retirement system is to give the workers priority over others to stop working and obtain the priority right to claim pension.It is not only for the elderly workers to bring early retirement protection,but also for some special workers to be cared.China's early retirement system is in accordance with the establishment of Interim Measures for Retirement and Retirement of Workers,which was promulgated by the State Council in 1978.But its implementation has been nearly 40 years without adjustment,thus seriously not suited to the current labor market development requirements.It has begun to have a negative impact on the continued development of insurance of the basic pension.There is an urgent need of modification.With reference to the early retirement system of the Netherlands,Germany,France,the United States and other countries,in contrast to China,useful experience is provided to modify the system.In practice China's early retirement system has been in a lot of abuse.The basic reason of this phenomenon is that China's pension insurance system was not in perfect design.No related single-line regulations have been passed,nor has it connected with other laws or other relevant provisions.Even it overheads some of the other laws prohibiting certain issues.The main body of the law is solidified and narrow with a strong color of policy use.Therefore,it results in the application confusion in real practice.In order to solve these problems,we must first of all adhere to the principle law for early retirement,strengthen supervision and punishment.Secondly,expand the scope of application of the early retirement system and include the non-public economic subject and its laborers as the applicable subject of the early retirement system through the purpose of expansion and interpretation.The early retirement system should be included in the legal level to regulate with the legal system by removing the unreasonable in the existing system,being clear not to force workers to retire early.In order to comply with the development of society,we need to organically combine early retirement with delayed retirement,adjust the retirement age and early retirement age,and adjust the pension payment period and the receiving standard.The purpose is to achieve a balance between early retirement and delayed retirement.Improve the employment and the protection function of the unemployment insurance.Encourage the elderly vocational training.Improve unemployment insurance rates,and strengthen the protection function of the unemployment insurance.
Keywords/Search Tags:early retirement, insurance of the basic pension, retirement age, legitimacy principle
PDF Full Text Request
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