On The Legal System Of Basic Pension Trust

As the core and foundation of the social security system,the basic pension is a safety valve to ensure the safe operation of the market and social stability.Facing with the impact of population aging and the task of reducing the burden of government pension,China's pension system has shifted from a single national public pension system to a pluralistic pension one;the pension financing model from a pay-as-you-go system to a partial accumulation one and the pension investment model from being government-led to market-oriented.The basic pension is a life-saving money for long-term savings,and the requirements for investment security are very strict.Pensions in the form of funds began to exert an impact on the capital market in an important form of capital.The primary problem that arises is how to achieve the security and value-added pensions.With"the promulgation of the Basic Pension Insurance Fund Investment Management Measures",the basic pension officially entered the capital market.Facing the pressure of basic pension value-added maintenance,the investment operation of basic pensions has become the preferred way to solve this problem.According to the social nature of the basic pension and the legal nature of the public welfare,the accountability calculation is carried out,and the rights and responsibilities of the principal,the trustee and the investment manager in the investment operation are determined.However,China's social security system has developed for such a short time,and the basic pension itself has problems such as unclear ownership and its low level in general.The trust law is not impaired in the process of transplanting imported goods.The investment security of basic pension insurance fund is based on the trustee.In the trust system,the trustee's cautious obligations are too general,the supervisory body is chaotic,and the beneficiaries'protection is lacking,which seriously affect the safe operation of the basic pension.By analyzing the"Trust Law" and"Social Insurance Law" on the problem of insufficient regulation of basic pension trusts,the legislation is first carried out,and the basic pension is separately legislated.Under this framework,it is clear that basic pension rights are designed for different trust models of social pooling accounts and individual accounts,refining the trustee's cautious obligations,adopting multiple investment strategies,returning beneficiary status,clarifying rights relief methods,and improving supervision mechanisms.Improve the supervision mechanism,strengthen the internal supervision and balance,establish an effective external supervision mechanism,that is,the pension supervision bureau,strengthen the supervision of industry self-discipline supervision and public opinion,so as to better protect the basic pension security operation.In short,the basic pension has broken through the original fund management and has been in a market-oriented operation.It insists on the basic pension market operation and provides a better solution to the operation mechanism and system of the basic pension trust in the existing legal system.To achieve its value-added value.