Research On Problems Of Government Regulation Of Private Pension Institutions

People from birth to childhood, youth, middle-aged, and old age, is the person’s physiological function losing process, this process is one of the direct effects of the capabilities of the existence condition of a single natural person get lost, and so is a "natural" social vulnerable groups. In today’s China, because the government put forward the concept of scientific development and building a harmonious society, as the old rights protection of the vulnerable group, and has become increasingly important. It is produced in this period provided by the who came to the old problem of material and spiritual help, namely pension problem. As the weak group, the elderly need more, special protection. As a special group in society, the elderly and enjoys according to its characteristics and needs, according to the special rights and interests of the state laws and regulations. With the ever increase of the degree of social population aging, the elderly pension problems loom large. Old people must be want someone to care, because the reality of the children can’t do it for some reasons, especially around the old man can’t always accompany, solve the loneliness of the old man. The role of family endowment weakening, age, disability, empty nest elderly care and nursing problem increasingly prominent, urgent need to provide diversified and multi-level pension services. At present, the rapid social and economic development and urbanization accelerating, appear a large number of surplus rural labor force and constantly poured into the city, the large-scale population flow gradually changing the rural family function at the same time also lead to the rural family structure changing. With the further accelerate the speed of population aging in our province level, family size is gradually narrowed, empty-nesters increased year by year, make the traditional family pension mode. Farmers endowment is a big problem. China is in the process of transition from family endowment to social old-age security. Although the government and academia have realized the necessity of the establishment of a formal pension security system of China and the importance. However, in China’s unique institutional environment and constraint conditions, how to build a formal pension security system, what is the government regulation and other problems are urgently need to be answered. Social pension should pension problem will become an important way, is the inevitable requirements of socialization of social welfare in our country. The reality of our country determines the government leading and advance to the construction of old-age service system plays an important role. Governments at all levels and relevant departments should take more strong sense of responsibility and sense of urgency to accelerate social endowment service system construction, especially the private pension agency service system for the construction of the problem. Perfecting social endowment service system, development of pension services industry, give play to the role of institutional pension support, become the current urgent need.This article is based on private pension institutions as the research object, through to ask questions, analyze and solve problems to study the issue of private pension institutions government regulation. First of all, this article first chapter to the private pension agency introduced a simple, "endowment institutions set up licensing method" formulated by the ministry of civil affairs specified in the concept of pension institution, at present our country endowment institutions mainly divided into three categories, public pension institutions, private pension institutions, the nature of public private pension institutions, private nature of the public pension institutions in essence belongs to public pension institutions, thus defined as public pension institutions. Public pension institutions and private pension institutions become a held two model of the institution endowment. "Suzhou private pension agency management method" in the concept of private pension institutions, Xiamen, in on the support of social forces to set up pension services implementation opinion "pointed out the social forces in the establishment of the concept of pension services, general office of Zhejiang provincial government on notice" about promoting the development of pension services find rough definition of private pension institutions, the ministry of civil affairs on encouraging and guiding private capital to enter the realm of pension service implementation opinions are more or less the provisions of the concept of non-profit private pension agency characteristics and enjoy preferential policies; Private pension agency has three characteristics: folk, folk held mainly in two aspects of main body and source of funds; Independence, private nursing home is established according to law, registration, with its own property, its establishment, supervision, inspection and cancellation has strict rules and processes; Public welfare, from the perspective of the public welfare concept analysis of broad or narrow, run by the local nursing home to provide social services development would be beneficial to the society. The second chapter introduces the reasons of government regulation of private pension institutions, has a theory of motivation, policy impetus and reality. Theory of motivation includes two aspects: the theory of service administration tells the story of the government and the private pension institutions there are both regulation and service, the relationship between regulation and services complement each other; Public administrative privatization theory, as the government management tasks is increasingly complicated, need more private participation, the flexible law enforcement. Government from the configuration of control to governance model, the government ACTS as a "decision makers, catalytic and matches", the government is no longer a manual workers, most of the ACTS as the role of "steering", and from the simple payment into the lead. Policy impetus from national and local policies of pension institutions to give subsidies and tax preferential policies, such as it is with the government on the policy support and preferential support, China’s private capital would be more eager to influx into private welfare institutions; Population aging in our country is grim reality, count from the census to the institutions endowment to beds "porridge more scarce", reflect the population aging serious situation. Can learn from these dynamics private pension institutions have the support of national policy and the development of pension institution itself; The third chapter from the legislative status quo of private pension institutions can be seen that although the existence and development of private pension institutions with legal support, but the law has many loopholes and the question, need to constantly improve. Law enforcement status from regulatory agencies and regulatory mode reflect the government’s regulation of private pension institutions. Private pension institutions of government regulation and appeared many problems: low legal status, the nature of the private pension institutions, define the fuzzy, lack of specialized management institutions or industry organization, lack of appraisal institutions, lack of the supervision of regulators and so on. Finally, the fourth chapter from two aspects of principle and solution to solve the problems about non-government institutions, principle from the administration according to law principle, proportion principle, participation principle to write the position of government supervising the pension. Countermeasures from specific subject, strengthen the legislation, strengthen supervision, evaluation and supervision, namely, perfecting the laws and regulations, reasonable positioning the nature of private pension institutions, to strengthen the supervision of private pension institutions, to strengthen the evaluation system of private pension institutions, to strengthen the supervision of the supervisor to discuss the countermeasures and Suggestions to perfect the private pension agency government regulation.