Primary Exploration Of Implementing "Flexible Retirement System" In China

After the reformation and completion over more than 20 years, the social pension system suitable to the present economic development was finally established in China, where the transition from planned economy to market economy was underway at the same time. However, with its deficiencies, the current system of age retirement has caused much wasting of human and resource. In view of this situation, Ministry of Finance and some other relevant departments promised that the flexible retirement system, based on the confirmation of the minimum retirement age, will be established. It makes the pension closely linked with the retirement age, and its flexibility allows the employees choosing the age, the way and the income of their retirement.The flexible retirement system can practically solute the problems between the pension and employment, the retirement age and intention of paties, and balance the interests of different employed groups. It will change the calculation and distribution of the pension, and largely improve the efficiency and fairness of the social pension as well.But its implementation relies on the complete legal basis, which involves the legislation and modification of the law. As a result, it will probably impact on Labor Law and cause corresponding changes. The theory of flexible retirement system is just on the initial stage, and the study on its background, significance and preliminary framework will definitely promote the innovation of theories about Labor Law and Social Security Act.According to the collected information, the relevant legislative pattern has been set up in some foreign countries, and the system there is relatively stable. However, there is no such law in China, and the scholars and media mainly concentrate on two aspects: one is the necessity of establishing the flexible retirement system and its possible impact; two is the extent of flexibility. The research on relevant foreign legislation and theory has just begun. The defect of our current research comes from the over emphasis on the acceptance of employees, and the difficulty of rational and professional analysis, which cause the ignorance of the operability and rationality of the system itself. Even if it comes down to the institutional framework, because of lacking complete system, innovation and adaptability, the further research is still missing. In conclusion, the research on flexible the retirement system is still in its infancy. By the research methods of induction and comparison, this article, starting with the content, deficiency of the current retirement system and relevant legislation in other countries, analyzes the social background of the system, and sums up the controversies and its solutions, in order to confirm the necessity of its establishment in China. It looks into several questions about designing the flexible retirement system, involving in principles we should follow, various factors we should consider, the timing of reformation, and the gender difference. It combines the theories of law and economy, proposes basic framework of the system and its implementation, stimulates its modification and completion, for the purpose of exploring a flexible retirement system suitable to the of economic and social development of China.