Research On The Construction Of My Country's Pension Trust System

The development of any new system must depend on the economic foundation and social needs.It is also the basic driving force for human exploration of the new system,which is also suitable for a country's national conditions and in line with the general needs of society.Therefore,the pension trust system to be elaborated in this paper is based on a specific national situation in China,that is,based on the aging of the population,combined with the institutional advantages of the trust system itself and the use value of the combination of the two.Through research,it is found that whether it is from the self-aged self or from the social reality,combined with the unique institutional advantages of the trust,it reflects the value of the trust in the society of the elderly.On this basis,the author conceived and designed the implementation of the pension trust system in China.The first part of the paper elaborates on the meaning and characteristics of the pension trust,and the focus of this paper is to analyze the legal relationship of the pension trust.The author believes that the focus of the legal relationship of the pension trust is how to protect the rights of the elderly as a party to the legal relationship.The normative focus of “one focus,two factors” is to fully guarantee the rights of the elderly as trustees and beneficiaries in the pension trust,and the trustee faithfully and cautiously fulfills his obligations within his or her duties;The establishment of trust supervisors to assist the elderly with weak self-protection ability to supervise the trustee to fulfill their obligations,and to protect the interests of the beneficiaries and the realization of trust purposes.The second part begins to analyze the legal problems faced by China's pension trust system,including the following points: First,the pension threshold is higher and the pension trust property registration system is not perfect,so there are problems in the establishment of the pension trust system;In China's current guardianship system,the defects in the property management and personal care of the elderly;the third is the lack of the trustee's loyalty judgment criteria;the fourth is the beneficiary's problems in the right to know,the right to revoke and the scope of damages,so The beneficiary of the pension trust has problems in the protection of rights;the fifth is the discussion on the supervision of pension trusts.The third part is mainly an overview of the extraterritorial related pension trustsystem.This part describes the types of pension trusts and supervision systems of major countries in the United States,Japan and Taiwan,summarizes their characteristics and trends,and finds lessons for them.The content of meaning.The fourth part mainly puts forward the countermeasures for constructing China's pension trust system.Through the analysis of the problems existing in the previous article and the experience of the extraterritorial pension trust system,China should improve the system of establishing pension trusts,improve the current guardianship system in China,clarify the fiduciary duty of trustees,improve the rights of beneficiaries,and improve the supervision mechanism of pension trusts.We will start to better protect the trust property of the elderly and provide a comprehensive pension service for the elderly.Above all,the author advocates the establishment of a sound legal guarantee for China's pension trust system through the above measures,thus consolidating the theoretical and practical foundation for the development of pension trusts,achieving healthy,orderly and long-term development.