Research On Legal Status Of Private Pension Institutions In China

With the improvement of quality of material life, the development of science, technology and people’s attitudes change, aging degree becomes higher and higher. The aging of population is not only the manifestation of social progress, but also the result of economic development. If pension development couldn’t keep up with the pace of The Times, it will brings a series of problems and challenges to social economy and family life.Private pension institutions as an important carrier who solve the endowment service playing enormous social function. At present domestic about private pension institutions project research is not much and the literature is very lack. Therefore, the author find a special path, with civil law theory as the foundation, analysis private pension institutions as a kind of civil subject, try to abstract the legal status of specific, from a legal nature, qualify for, capacity for rights, transaction execution, qualification elimination of six levels explore the legal status of private pension institutions.This article is divided to six parts:The first part of this paper is from the private pension institutions the concept of legal status, from the macro point of view, private pension institutions is a non-profit endowment service agencies held by a part of the social forces and individual citizens who use non-state-owned assets, non-profit, folk and substantive is one of the most important characteristics. Private pension institutions bear the enormous social responsibility, legal and illegal two organizational forms.The second part mainly from theory and practice two aspects to analysis the legal nature of private pension institutions, At present, the law about private pension institutions dispersing in regulations or the detailed rules referring to held private pension institutions issued by local governments, without the formation of a unified laws and regulations. In according to the reality situation of China, private pension institutions have two kind of nature, one kind is registered as the non-enterprise unit managed by the people, another kind is nature of business, and correct treat non-profit of private pension institutions is conducive to its sustainable development.The third part discuss the qualification obtain of private pension institutions. To apply for the subject eligibility, perfect agency rules and management system, the name of the specification and fixed place of service, professional management team and working capital is set up conditions of private pension institutions; the established dual licensing system is the disadvantages exiting in eligible for regulation of private pension institutions, should be further improve the system of private pension institutions establish administrative licensing, and gradually transition to a wide approval, but the strict regulation pattern.The fourth part discusses the rights of private pension institutions. Private pension agency’s responsibility and obligation to more specific provision, but the rights are rarely mentioned:the disadvantages which relevant laws and regulations for rights, obligations and responsibilities of private pension institutions, private pension institutions service on object should be public, Private pension institutions of property rights should be clear; the rights of private pension institutions should continuously improve ability.The fifth part mainly embarks from the social reality, analysis the implementation of the transaction of private pension institutions, transaction executions of private pension institutions is special, suggest form the power and responsibility, mutual coordination and mutual checks and balances clearly transaction execution, at the same time responsible for all stakeholders, accept supervision.The last part of this paper will detail the four kinds of situations because the main body of private pension institutions qualifications be canceled, revoked, bankruptcy and wiped out, Private pension agency cancellation registration must go through the corresponding procedures and steps, at the same time should improve the exit mechanism of private pension institutions.