In 2010,the Social Insurance Law of the People’s Republic of China was promul gated,which indicates that China’s endowment insurance system has begun to develop towards legalization.However,on the one hand,there are 13 guiding provisions of e ndowment insurance,but no detailed provisions.On the other hand,it excludes the pe rsonnel of government agencies and public institutions,and the State Council issues m easures alone,which objectively provides the "legitimacy" of the system for the forma tion of the integration of endowment insurance.At the beginning of 2015,the State C ouncil issued a document to decide to carry out the reform of the integration of gove rnment agencies and public institutions,and to implement the integration of pension in surance of government agencies and public institutions from October 1,2014.At this point,the integration of endowment insurance,which has existed for decades,has com pletely ended,unifying the endowment insurance system of government agencies and p ublic institutions and the endowment insurance system of enterprise employees at the s ystem level.However,there are still many legal problems in the integration reform.First,ther e are still problems in the transfer and succession of basic endowment insurance relati onship in practice,lacking of relevant documents to provide basis;secondly,after the integration reform,there are still various problems such as the disunity of legislation a nd the slow progress of the reform of the classification of public institutions;third,af ter the reform,the gap in the treatment level of endowment insurance has not been re duced,which is contrary to the requirement of equal rights in the constitution;fourthl y,the system of occupational annuity is not perfect,which has a big gap with the co verage rate and payment proportion of enterprise annuity,and there are obstacles in th e transfer and succession of occupational annuity;The fifth is that the "middle-income" group’s pension rights are insufficient,and there are defects in the provisions of occ upational annuity and transitional pension;sixthly,As the key point of promoting the legalization of endowment insurance,the way of judicial relief needs to be improved.The reform of the integration of government agencies and public institutions’ endo wment insurance needs to be improved,which can learn from the experience of foreig n civil servants’ endowment insurance system reform on the premise of adapting to C hina’s national conditions.In view of the legal problems existing in the integration ref orm,firstly,we should establish unified legislation on the basis of human rights prote ction and fair concept,and allow the differences of reasonable scope to exist;secondl y,we should perfect the system design and improve the system on the basis of legali zation;finally,the settlement mechanism of pension insurance disputes of government agencies and public institutions should be improved to protect the pension rights of th e insured,in order to solve the long-standing problems left by the integration and the defects in the process of promoting the reform. |