Research On The Legalization Path Of Social Responsibility For Citizens’ Pension

With the deepening of the aging of the population,the problem of providing for the aged has become a key problem to be solved in our country at present.The report of the 20 th National Congress of the Communist Party of China points out that "implementing the national strategy to actively respond to the aging of the population" and raising the problem of providing for the aged to the height of the national strategy to deal with,which reflects the seriousness and urgency of the problem.In addition to the state,the society is also the subject of the obligation of the old-age rights stipulated in the Constitution of our country.Based on the Constitution,this paper studies why the social subject should bear the responsibility,what kind of responsibility and how to better bear the responsibility in the aspect of providing for the aged.First of all,analyze the constitutional logic of social responsibility for the elderly.This paper argues that the Constitution of our country gives citizens the right to provide for the aged based on the care for the survival and development of the elderly,and makes it clear that the elderly have the right to obtain material assistance,medical security,spiritual comfort and participation in social development from the state and society.The modern constitution is no longer like the traditional constitution,which only focuses on the restriction of state power,but pursues an organic unity of the state,society and individuals.It is not only the realistic appeal of the practice of social development,but also the clear requirement of the Constitution of our country that the society undertakes the responsibility of providing for the aged.It is the inevitable requirement of the theory of common prosperity of socialism for social subjects to undertake the responsibility of providing for the aged,and it is the concrete embodiment of the theory of integration of public and private law,welfare pluralism and corporate social responsibility.Secondly,it analyzes the norms and practices of social subjects undertaking the responsibility for the elderly.This paper combs the relevant legal norms of our social subjects undertaking the responsibility of providing for the aged.This paper argues that the main body of society mainly undertakes the responsibility of providing for the aged by providing material security and providing services for the aged.The way of providing material security refers to the way that social subjects pay pension insurance and pension subsidies for individuals to provide material security for citizens.The way of providing old-age services refers to the way that the main body of society helps and enriches the living life of the elderly by providing nursing care,helping meals and cleaning,psychological counseling and recreational activities.Through the analysis of the practice of social responsibility for the elderly,it is believed that there are still some dilemmas in the current practice,such as unclear legal status of the main body,imperfect standards of pension services,imperfect supervision mechanism,lack of dispute resolution mechanism and indifference to the employment rights of the elderly.Finally,in view of the difficulties in practice,this paper puts forward the legalization path for our society to undertake the responsibility of providing for the aged.This paper argues that we should start from the main body,content,supervision,dispute resolution and the protection of the employment rights of the elderly,and give specific suggestions for improvement,including clarifying the legal status of social organizations and social enterprises;We should improve the standard of spiritual pension service,establish a unified standard of pension service,improve the administrative supervision and social supervision mechanism,improve the dispute resolution mechanism,and strengthen the equal protection of the employment rights of the elderly.