Research On Legal System Of Retirement Delay

China's current retirement legal system involves retirement age,retirement treatment,retirement dispute handling,the establishment and termination of labor relations and other aspects.Delaying retirement,once implemented,can have a major impact on workers' rights.The reform of the retirement system should not only meet the state's macro-economic goals,but also guarantee the workers' retirement rights comprehensively.By studying the legal system of delayed retirement,it is expected to design the legal system of delayed retirement from the perspective of law.This paper is divided into five parts:The first part is the connotation of retirement legal system.Firstly,the concepts of retirement and delayed retirement are analyzed and defined in law.Make clear the legal implications of delaying retirement.Secondly,according to the general theory of legal relations,the core elements of retirement legal relations,namely the subject,content and object are analyzed.The second part mainly discusses the current situation of China's retirement law system legislation,combing the development and establishment process of China's current retirement system,Taking the two " temporary provisions " promulgated by the state council in 1978 as the starting point,China's current retirement system has remained unchanged for more than 40 years,seriously deviating from the status quo of social development.At present,although China does not implement the universal retirement delay.However,there have always been special provisions for certain occupations and positions in the normative documents covering various fields of retirement.It can be seen that these special provisions are disordered and unsystematic,with low level of effectiveness and large scalability.The third part points out the legitimacy of delaying retirement in China.Retirement is essentially a kind of social right,which should have more rights.Delaying retirement is to protect the labor rights of laborers and maintain the survival and development of laborers.The core of the social security right should be to provide support for the elderly rather than force the elderly to withdraw from the labor field.The implementation of delayed retirement in China can cope with the negative pressure brought by the aging population,solve the problems caused by "patching" delayed retirement,eliminate the gender discrimination caused by the retirement of men and women of different ages,and promote the effective use of human capital.Delaying retirement is feasible in China.The improvement of social conditions is the material premise of the reform.Delaying retirement does not necessarily aggravate the pressure of social employment.The reform of the endowment insurance system and the employment willingness of the elderly lay a foundation for the implementation of the legal system of delaying retirement.The fourth part is the review and evaluation of the reform of delayed retirement in foreign countries.This paper mainly examines the reform situation of delayed retirement in four countries,including the United States,Germany,Japan and Singapore,and summarizes the experience of delayed retirement reform.Delay retirement reform has become the world trend at present,it is the experience tells us that the implementation of the new system cannot be rushed,but should be carried out step by step,taking into account the acceptance of the public.The fifth part is the legal system construction of delaying retirement.Shall gradually delay retirement age,gradually raising the retirement age is the optimal choice for the present,moderate flexibility and gradual combination,in some special field,when to retire can take more voluntary way.The retirement ages of men and women should gradually converge,and a unified national retirement law system should be gradually established to change the chaotic state of the retirement field in China.In order to promote the reform process of the delaying retirement system,we can adopt a more flexible pension incentive mechanism and introduce measures to provide more guarantees for the employment of elderly workers.