Research On Legal Problems And Countermeasures Of Pension Insurance In Public Institutions

At the beginning of 2015,the state officially issued documents to implement the reform of the endowment insurance for public institutions,which completely ended the “ dual track system ” of pension insurance.At present,all localities have introduced specific implementation plans for reform,formulated a series of supporting measures to achieve social equity,and promoted the reform into a substantive operation stage,but the reform process is still slow,and the reform process still encounters different problems.This paper aims to systematically organize the development process and current situation of the endowment insurance of public institutions,deeply analyze the legal problems of the endowment insurance of public institutions,compare and refer to the useful experience of the pension system of foreign public officials,and propose from the aspects of legislation,fund management,supervision and relief.Suggestions for improving the pension insurance for public institutions.This article has five chapters.The first chapter mainly introduces some conceptual connotations and related theoretical foundations of the endowment insurance of public institutions.This paper believes that the endowment insurance for public institutions is for the pension insurance of the staff of the establishment,and it will provide basic living security for the post-retirement staff in the form of pensions.The endowment insurance of the institution has the characteristics of the target of the insured,the public welfare of the purpose of protection,and the flexibility of the calculation method of the pension.It fully reflects theories of human rights protection,fairness and justice,and resource allocation.The second chapter aims to sort out the development process of pension insurance for public institutions,summarize the reform path and explain the current legislative status,policy status and implementation status of the current reform.At present,the pension reform of public institutions mainly includes policy reform and the rule of law reform.The policy reform path relies on the policies promulgated by the government to promote the reform process,which is the realistic path of the current reform.The path of the rule of law reform implements the effectiveness of reforms in accordance with national laws and regulations,and it is less reflected in the current reforms.The third chapter analyzes the current legal field problems of the endowment insurance of public institutions.At present,the endowment insurance of public institutions mainly has the following problems: First,the reform process is slow,legislation is relatively lagging;Second,the legal supervision is insufficient;Third,the insurance fund management is not in place;Fourth,the pension benefits are not equal;Fifth,the relief channels are not perfect.The fourth chapter mainly studies the pension insurance system for foreign public officials in the United States,Japan,Germany and New Zealand,with a view to providing inspiration for improving the endowment insurance for public institutions in China.These foreign experiences can be used for reference in the legislation,fund accumulation system,management and supervision of China's public institutions,and the principles of fairness and efficiency.The fifth chapter combines the revelation and puts forward specific and perfect countermeasures and suggestions.First,establish a sound legislative system for endowment insurance for public institutions;second,determine the legal liability main body of the endowment insurance of public institutions,and establish corresponding supervision departments;third,improve the management mechanism of pension funds for public institutions;fourth,improve the financing model through comprehensive improvement The internal relationship between the editors and their relationship with the urban workers realizes the fairness and unification of the endowment insurance system of the public institutions;the fifth is to improve the dispute mechanism for the endowment insurance of the public institutions from the scope of the dispute acceptance and the solution,the acceptance of the department,and the determination of the basis for treatment.