Study On Legislation To Delay Retirement

With the development of aging and aging population,China's demographic dividend is gradually fading.In addition,China has the characteristics of a large population base,getting old before getting rich,and the coexistence of aging and fewer children.Aging has posed a comprehensive challenge to China for a long time in the future.Throughout the world,postponement of retirement is an important measure to cope with the aging of society.Although China has actively started the reform of postponement of retirement system,it is mostly manifested in the non-basic law level of lower legal level,and there are no laws or provisions related to postponement of retirement at the basic law level.From the perspective of the general law of legislation at home and abroad,fixing the issue of delayed retirement in the form of the basic law,which affects the current and future overall situation,will certainly be conducive to the effective balance of the interests of all parties involved in the delay of retirement,and also meet the internal development requirements of the modernization of the national governance system and governance capacity.In this paper,the integrated use of normative analysis,comparative analysis,value analysis and empirical study method and other research methods,through combing the current our country legislation present situation on the delay retirement,to delay retirement legislation as the research object,based on the national conditions of our country and combined with the delay retirement outside of legislative practice,to delay retirement legislation principles,legislation mode and concrete system design put forward legal Suggestions.This paper consists of four chapters.The basic contents are as follows:The first chapter firstly analyzes and defines the concept of retirement,and then briefly sorts out the legislation status quo of retirement in China and the historical evolution of China's retirement system.The second chapter analyzes and demonstrates the necessity and feasibility of legislation on postponing retirement.Legislation on postponing retirement is morenormative and mandatory than policy,which has significant guiding significance to judicial practice.At the same time,raising the protection of labor rights to the legislative level can effectively protect the rights and interests of workers,promote the maximization of human capital utility,effectively relieve the pressure of pension payment,and realize the inevitable requirements of intergenerational equity.At the same time,this chapter also elaborates on the feasibility of legislation to delay retirement.The third chapter introduces the legislation and experience of postponing retirement abroad.This chapter mainly introduces the delayed retirement legislation of the United States,Germany and Japan,and summarizes the common advantages of the system design by analyzing the characteristics and practical experience of the delayed retirement legislation of the above-mentioned countries.The fourth chapter is the legislative conception of postponing retirement in China.This chapter points out the basic principles that should be followed in the legislation of postponing retirement.