Research On Social Law Value Orientation Of The Pension Legislation In China

In the 21 st century,China's population aging phenomenon and even the old age phenomenon is serious.The traditional family endowment pattern has been disintegrated with the generalization of 4-2-1 family structure.The realization of "old but supported" has become an important yardstick to measure the realization of Chinese social harmony and fairness.As an important law of substituting for family endowment,institutional endowment law has the value attribute of social law and has great practical significance to realize the equality and justice demanded by the harmonious society.Firstly,starting from the legislative status of institutional endowment in China,this paper systematically analyzes the basic concept,legislative status and legislative significance of institutional endowment legislation.Secondly,it analyzes the social law attributes of institutional endowment law,including the analysis of the basic arrangement of the protection of the rights of the disadvantaged groups,the basic value pursuit of its fairness and justice,and on this basis shows the social law nature of the institution endowment legislation in China.Thirdly,the paper points out the problems of the value arrangement of the institutional endowment legislation and the reasons behind.Finally,aiming at the adjustment of the value arrangement of endowment legislation and the coordination of value system,this paper puts forward theorectical suggestions that the value system of institutional endowment legislation should be supplemented and matched with the value sequence rationally.This paper first adopts the value analysis method,analyzing the social law value orientation of the institution endowment legislation from the angle of value attribute.Then,using the comparison method,this article draws lessons from more mature pension legislation value choice and arrangement in America,Sweden,Japan and other countries,and suggests perfecting our country legal system,promoting social harmony and ultimately realizing social justice.