On The Legal Perfection Of Early Retirement System

China?s early retirement system is in accordance with the establishment of Interim Measures for Retirement and Retirement of Workers,which was promulgated by the State Council in 1978.Half a century has passed.China 's economic,social and cultural environment has undergone significant changes,but the Interim Measures have not Make any changes and adjustments,and,in view of the fact that there is still a misuse of early retirement,people began to question the rationality of the early retirement system.As part of the retirement system,the positioning of the early retirement system,the existing problems and the improvement of the law need to be clarified.First of all,the author defines early retirement.Early retirement is relative to normal retirement.According to different classification basis,early retirement can be divided into different types.The key to early retirement is to give workers the right to apply to quit work and receive pension before others.Normal retirement refers to that workers leave their jobs after the legal retirement age to enjoy pension and welfare benefits.In 2013,the gradual delayed retirement policy was formally put forward for research.In this paper,the delayed retirement mainly refers to the system that,based on the existing legal retirement age,the state continuously improves the retirement age based on the social development and the supply and demand of the labor market,so as to make the labor supply structure more perfect and improve the social and economic conditions? The above three concepts are related and different.The main connection of the three concepts is that they are the provisions of retirement age.The difference lies in the reasons for the establishment of the three policies and the different time periods set for retirement.At the same time,the entity elements and application process elements of the three are different.There has been controversy about the abolition of early retirement in academic circles.The author thinks that it is reasonable to set up the early retirement system in law.First,from the perspective of retirement,retirement is to let the workers who have reached a certain retirement age withdraw from the labor market and enjoy the corresponding welfare treatment;second,for the workers who have been working in a bad environment and have a high work intensity,early retirement is necessary Hugh is a kind of protective measure to realize substantive justice.According to the current laws and regulations,there are three situations in which early retirement is allowed.One is stipulated in the civil servant law,and the Interim Measures for the retirement and resignation of workers stipulates two situations.Secondly,through the analysis of 163 judicial cases,this paper summarizes the legal problems existing in the implementation of the early retirement system,mainly including the confusion in the application of the early retirement regulations issued by many parties,the difficulty in early retirement of special types of work,the unauthorized expansion of the scope of the existing early retirement work of enterprises by units and departments,the serious cross industry reference problems,the impact of early retirement due to the problems of file records,and the forced retirement To deal with the coexistence of early retirement and not allowed early retirement.Many countries with high level of economic development in the world have the problem of early retirement earlier,so they are more mature in studying this problem.Although early retirement has the function of updating human resources and alleviating employment pressure,the legal system of early retirement in most western countries has experienced the transformation from encouraging early retirement to extending retirement age.On the one hand,the author summarizes that the development process of the early retirement system in the Netherlands,Germany,France,the United States and other foreign countries is quite different from that in China.On the other hand,the author puts forward the Enlightenment of the early retirement system in foreign countries to China.The establishment of the retirement system must be people-oriented,set reasonable standards for early retirement treatment,and adhere to the right standard and the independent choice of early retirement.Finally,we put forward suggestions on the legal improvement of the early retirement system in our country.Firstly,the provisions of the early retirement system are integrated to establish a unified standard;secondly,the classification of special types of work and the coverage of special types of work are defined;Supervision of retirement;final early retirement should be coordinated with delayed retirement.