Reflections On My Country's Retirement Legal System From The Perspective Of Rights

Retirement is a complex and important social issue.The legal system of retirement is related to the vital interests of every worker,the national economy and the people's livelihood.The country has fully implemented the two-child policy,followed by the Third Plenary Session of the 18 th Central Committee formally proposed a gradual delay in retirement,a stone stirred up a thousand waves.China's retirement legal system since the 1950 s,even though the current social background has changed dramatically compared to then,the statutory retirement age has been used up to now,and seriously out of touch with society.And because of the differences in historical conditions and economic levels,the retirement rights of various groups of workers throughout China have not been guaranteed equally Differences in retirement security systems and measures among different social groups,different occupational groups and different regions have resulted in inequality in the retirement age and treatment of workers The theory of retirement obligation will lead to many problems in the application of law,such as the determination of retirement age,the determination of retirement age and labor relations,etc..Therefore,the author thinks that it is necessary to re-examine the concept of retirement and its nature,clarify its right attribute from the legal point of view,and construct the retirement legal system to adapt to the current situation of social development,so as to realize the substantive equality of retirement right.The first chapter of this article first clarifies the meaning of retirement and the current situation of the retirement system in China,combs the development process of the retirement system since the founding of the People's Republic of China,and summarizes the disputes arising from the retirement right in judicial practice Sorting out the difficulties faced by China's current retirement system,the unequal retirement age and retirement benefits have led to a large number of lawsuits,and the mandatory retirement age has for a long time blurred the nature of retirement rights In addition,the lack of clear and unified legal provisions on retirement leads to conflicts in the application of the law on retirement age in practice.Subsequently,the specific meaning of the legal concept of retirement is clarified,and then its nature is analyzed,and it is pointed out that the current retirement system based on the theory of retirement obligation cannot meet the needs of social development,and it is necessary to clarify its right attribute The author makes clear the equality and freedom of the retirement right in the constitutional level and the dual attributes of the personal right and the property right in the departmental law level.Combined with the dilemma of the present retirement system,this paper points out that the right to retirement includes the right to continue to work,the right to social security and the right to claim pension.As a social problem,the determination of retirement age has been the focus of controversy,especially in the context of the current population ageing,the retirement age has become a universal response Past practice has proved that this is effective and necessary,but how to adapt to local conditions in our country to implement more acceptable for workers to delay retirement is particularly important.The author holds that freedom is the due meaning of rights,and the right attribute of retirement determines whether and when workers should enjoy the option of retirement.Therefore,China's current retirement legal system has reached the point where it has to be changed On the basis of gradual retirement,the author advocates the adoption of flexible retirement system,which can alleviate the pressure of population ageing and pension payment,and is beneficial to the rational allocation of human resources On the other hand,it can fully take into account the individual differences among workers,and respect the subjective will of individual workers and their basic rights.Finally,combined with the existing retirement system in our country,it designs the flexible retirement system from the retirement age,the retirement way and the retirement treatment,and explains the rationality of the flexible extension retirement system.In view of the long-term absence of the unified retirement legal system in our country,the country can take the opportunity of postponing retirement and timely launch a "retirement law" to improve the numerous problems in the current retirement legal system in our country Define the nature of retirement rights in substantive law,expand the scope of application of retirement rights,gradually promote the retirement of men and women of the same age,further promote the integration of pension so as to better realize the substantive equality of retirement treatment;From the Procedural Law clearly detailed the process of handling retirement and pension claims,and clearly defined the retirement right actionable,improve the way of retirement right relief.To sum up,the author believes that China should take the "retirement right theory" as the core and take the equal retirement right as the principle On the basis of extending the retirement age,we should establish a flexible retirement system that includes flexible retirement age,flexible retirement mode and flexible retirement treatment,and establish and perfect the relief ways of retirement right So that the retirement legal system of our country can really adapt to the social status quo and realize the sustainable development of social insurance.