On The Legal Realization Of Retirement Right

In 1951,the "Labor Insurance Regulations" promulgated and implemented by China was the first administrative regulation in China to regulate the retirement and labor insurance of laborers,and opened the process of China's retirement legalization.However,the retirement system has been scattered in various policy documents for many years.Although the retirement legal system has evolved in different periods,the academic circles have not paid enough attention to the legal concepts and legal nature of retirement.The retirement legal system and retirement benefits are of vital interest to each retire,involving the national economy and the people's livelihood.Retirement should be characterized as a right,and citizens have the right to choose whether to retire and to have a pension claim after retirement to protect their old age.We should base ourselves on reality,face up to the contradiction between the current retirement legal system and social practice,return retirement to the essential nature of its rights,and examine and improve the current retirement legal system from the perspective of the realization of retirement rights at the level of departmental law,focusing on analyzing and constructing retirement.Gold payment request right.The full text is divided into six chapters:The first chapter is the introduction,introducing the research background,research object and research value of the realization of retirement rights law.The concept and nature of retirement rights are researched at home and abroad.The second chapter is the theoretical premise of the realization of retirement rights,defining the concept of retirement rights,clarifying the legal nature of retirement rights at the constitutional level and departmental level,and laying the foundation for the development of the full-text research.At the constitutional level,the right to retirement has the connotation of social economic rights,material assistance rights,retirement freedom rights,and retirement equality rights.At the departmental level,retirement rights link labor rights and social security rights,covering the right to continue labor after retirement.,social security rights and pension payment claims.At the same time,the legal relationship of retirement rights has the characteristics of subject qualification,object inequality and content sociality.The third chapter is the status quo of the realization of retirement rights in China.China's current law does not have special legislation for retirement,and the realization ofretirement rights is faced with the lack of departmental law support.Lack of departmental law support,and the level of legislation is low,and retirement cases are prone to different judgments.According to the current laws and regulations,the retirement system in which men and women are different in China and forced retirement at the age limit limits the realization of the freedom and equality of retirement rights.The fourth chapter is the conditions for the realization of retirement rights.Including the conditions for obtaining the right to retirement and the conditions for the loss of retirement rights.Reaching the statutory retirement age,having the legally prescribed status at the time of retirement,and reaching the cumulative payment period are the conditions for obtaining the retirement right.There are still controversies about whether the death or sentence of a retire can be a condition for the loss of retirement rights,and it needs to be discussed in theory and practice.The fifth chapter is the construction of the right to realize the retirement right-the pension payment claim.The most important thing to realize the right to retire is the implementation of retirement benefits,and the construction of pension payment claims is used to resolve retirees' disputes about pensions.By locating the connotation and nature of the right to claim pension payment,this paper analyzes the dilemma in the process of constructing the pension payment claim right and explores the relief method of the pension payment claim right.The sixth chapter is the conclusion.Summarize the research on the realization of retirement rights and put forward the future development direction of the realization of retirement rights law.In summary,the realization of China's retirement rights needs to start from the theoretical research and legal system,and the retirement rights from the constitutional rights should be shaped into the departmental law,subject to the specific rights of specific laws and regulations,in order to protect the rights of retirees.The realization of equality and freedom,the right to retirement rights as an entry point,promote the theoretical richness and institutional innovation of the retirement system,in order to maximize the maintenance of social equity and protect the right to retirement.