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Research On The Retirement System In My Country’s Constitution

Posted on:2022-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y W LiuFull Text:PDF
GTID:2506306485498374Subject:legal
Abstract/Summary:PDF Full Text Request
The "retirement system" in the text of our country’s constitution is mainly embodied in Article 44 of the chapter on the rights and obligations of citizens and Article 45,paragraph 1,especially Article 44,which is the supreme law of the country.The form stipulates the implementation of a retirement system.This article first sorts out the legislative documents related to the retirement system from the perspective of time,reviews and analyzes the systems in different periods,and interprets the specific provisions.It can be found that the foundation for the establishment of the retirement system at this stage has undergone tremendous changes.There are problems with fragmentation and low level of legislation in the form of legislation.These problems not only lead to confusion in the application of the law when disputes arise,but also lead to labor.When seeking legal remedies,they lack the corresponding channels and have nowhere to ask for help.Secondly,in terms of content,the retirement system has not been able to keep pace with the times and adapt to the new requirements of the development of the times.There are also content that conflicts with the right to equality,that is,the subjects protected by the retirement system have obvious differences in identities,men and women.Poor-age retirement is obviously unreasonable.All these problems hinder the smooth and long-term operation of our retirement system.From this perspective,the legislative and judicial improvement of our country’s retirement system is a general trend and must be put on the agenda as soon as possible.First of all,in legislation,the author believes that we should comprehensively consider,choose an appropriate legislative model,put the protection of workers’ retirement rights at the core,and build a guarantee mechanism based on legal provisions and judicial relief channels.Secondly,in the formulation of the content,follow the principle of combining compulsory and voluntary,establish a flexible age range,and give workers the right to choose when to retire within the age range;follow the principle of combining equality and fairness to break the identity-based system The model of sexual inequality,the increase of system provisions that men and women should have equal rights to retire,reverse unreasonable differential treatment.Through the analysis and discussion of the above aspects,this article explains the legislative process of the retirement system,analyzes its deficiencies in the legislation and legal content,and finally settles on proposing perfect suggestions,hoping to be a legal practice related to the retirement legal system provide minor help.
Keywords/Search Tags:Retirement system, Retirement rights, Retirement subject, Retirement age
PDF Full Text Request
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