Discussion On Legal Protection Of Pension Benefits

The financial market is constantly changing,and those retirees who have to withdraw from the labor field must face this sudden fact,which is likely to destroy their savings in their lifetime.There is a serious imbalance between the proportion of employees who pay gold and those who pay basic pensions.Pension payment is the basic livelihood guarantee for laborers after they withdraw from the field of labor.As the main income of laborers withdrawing from labor,they can prevent risks while ensuring the quality of life.In summary,it is very important to discuss the legal protection of pension payments,and it is imminent.On the basis of defining the meaning of pension,the article discusses the jurisprudential basis of the pension payment system,based on various theories formed by the academic community,and focuses on the analysis of the accumulation of savings,the benefit system,the life security,the salary extension,etc.The doctrine has a profound influence on the development of the pension payment system.In summary,we believe that the pension received by workers is a combination of delayed wages and retirement benefits.Due to the big problems in China 's current legal system,such as the large difference in pension treatment among different groups,the pension replacement rate of public officials in our country is much higher than the pension replacement rate of enterprise employees,resulting in serious injustice,and it is difficult to achieve effective between different systems;the legislative level is not high,and the relevant provisions on pension payment are scattered in a large number of regulatory documents.There is no special law on pension payment,which leads to changes in pension payment related fields,and the legal operation mechanism cannot be effectively formed.There are also obstacles to the judicial relief of pension payments.There has been an undesirable phenomenon that the courts and social security agencies have blamed each other,which has seriously damaged the interests of pensioners.In summary,we need to improve the path of legal protection for pension payments in China on the basis of drawing on useful regulations abroad.Make up for the shortcomings and deficiencies in legislation,adhere to the principle of fair priority,ensure fairness among different groups,and improve the efficiency of operations andpromote future sustainable development.Through good system design,integrate and make full use of existing security resources,standardize the relationship between the various subjects,promote the benign operation and coordinated development of the pension insurance operating mechanism,and ultimately maximize social welfare.Establish corresponding preferential tax policies for pensions,so that retirement plans are more attractive to employers and workers.In view of the current dual-track system in China,the replacement rate of public officials 'pensions is much higher than that of employees and other employees.In addition,China should also establish and improve a multi-level and comprehensive pension payment system,including: basic pension insurance model(first level),supplementary occupational pension model and personal voluntary savings plan under preferential tax policies.At the same time,it is necessary to protect the vested interests of pensioners,to balance the relationship between the pension insurance rights of the places where the funds are transferred in and out,and to endow the employees with pensions in accordance with the law.At the same time,realize the free flow of employed people,eliminate their worries,and promote the rapid development of social economy.