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Research On Legal Issues Of Pension Fund Trust In My Country

Posted on:2021-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhengFull Text:PDF
GTID:2516306200955579Subject:Law
Abstract/Summary:PDF Full Text Request
The effective standard and operation of endowment insurance fund is related to the improvement and development of endowment insurance system.With the aggravation of the aging of China's society,the efficient and sustainable operation of the pension fund is particularly important.How to realize the maintenance and appreciation of China's pension fund under the premise of pursuing steady operation has become the biggest challenge in the operation of the pension fund today.According to China's "Basic endowment insurance fund investment management measures" provisions,endowment insurance funds can use the trust mode for investment operation.Trust has the characteristics of property independence,professional management and sustainability,which is consistent with the pension fund's goal of maintaining and increasing the value of the fund under the premise of steady operation.However,due to the short development time of investment and trust business of pension insurance fund in China,there are still some problems,such as unclear trustee selection criteria,imperfect trustee responsibility bearing mechanism,beneficiary's legal status becoming obscure and lack of protection mechanism.In terms of supervision,due to unclear responsibilities of administrative supervision subjects,insufficient market self-discipline supervision and lack of independent trust supervisor mechanism,the operation safety of pension is seriously affected.By clarifying the relevant provisions on pension trust in trust Law,Social Insurance Law and Basic Pension Fund Investment Management Measures,this paper discusses the ways to formulate strict trustee standards,refine trustee obligations and improve the trustee liability mechanism.The legal status of the beneficiary is clarified and the countermeasures to construct the right system of the beneficiary in the operation process of pension trust are put forward.Analyze the feasible paths to improve the supervision mechanism,so that administrative organs,financial marketsupervision and social supervision can go hand in hand and play their respective supervisory roles.In a word,China's pension trust is just in its initial stage,and some problems have been exposed under its current operation mode.The author,taking the existing legal system as theoretical support,puts forward specific Suggestions to existing problems,so as to realize the sustainable development of China's pension trust.
Keywords/Search Tags:Pension fund trust, The trustee, The beneficiary, Regulatory regime
PDF Full Text Request
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