Research On The Legal Solution To The "Empty Account" Risk Of Social Endowment Insurance Fund

China's endowment insurance system is a matter of hundreds of millions of people's livelihood,the protection of workers after retirement elderly live in a welfare system,its purpose is to state administrative means to collect insurance costs to ensure basic retiree basic necessities of life.To improve the pension insurance system in our country is not only beneficial to ensure the sustainability of labor groups,to promote the reproduction of labor force,but also to improve the level of social and economic development,and to realize the sustainable development of society.Therefore,to strengthen the pension insurance fund "empty account" to solve risk research,improve the system of basic old-age insurance law of our country,not only conducive to alleviate the impact of the aging population,to ensure the healthy and orderly operation of endowment insurance system,but also for the reform of pension insurance system of the top has a certain theoretical value and practical meaning of design.A new 97 year reform of endowment insurance system in our country,from the taditional PAYG system to the combination of social pooling and individual account is partially funded system,this reform is the inevitable choice to advance China's social system.But,then the endowment insurance fund in China appeared in the"empty account",the fund gap is widening,therefore,experts and scholars to conduct deep theoretical research on the endowment insurance fund "empty account",and strive to solve the problem of fund gap.This article mainly from China's endowment insurance history,the "empty account" of the status quo and the causes and other aspects,using the method of historical analysis and comparative analysis,systematic research on the problem of "the empty account" in the perspective of the theory of law.This paper is divided into four major sections,including the history of the development of pension insurance,the reasons for the "empty account",the existing measures to resolve the "empty account" and the specific recommendations for improvement.The first part introduces the development of endowment insurance for employees,by way of contrast,expounds the mode of raising China's current endowment insurance fund,further analysis of social pooling and individual accounts,two accounts to raise different,which means "empty account" problem must be different.Then introduced the endowment insurance of our country history debt problem is due to the state "as the payment period" policy caused.Further analysis of the endowment insurance fund "empty account" arising from the adverse consequences;the second part of our country endowment insurance fund "empty account" legal analysis method,through the data analysis about the operation status of China's endowment insurance fund,and then through the list of "empty account".Pointed out the historical responsibility of state-owned enterprises should undertake in the restructuring,brought about by the fund "personal accounts caused during the payment period is deemed empty account" and the impact of the aging population.These indicate that China's endowment insurance fund "empty account" situation is serious;the third part explains the current problems to resolve the pension insurance fund "empty account" risk measures are enumerated and data analysis methods,including pension fund supervision,transfer of state-owned shares is insufficient,the implementation of the extension Late retirement,social disputes,the slow development of enterprise annuity,etc.." "The future is bright,the road is tortuous,lack of the above measures are explained by the difficulty of the development of China's endowment insurance business,from another point of view also reflects the national concern for workers and workers,from the example illustrates the prevention of endowment insurance fund" empty account "the necessity of providing the precious experience for the further solve the problem of the empty account";the fourth part,the author puts forward his suggestions,starting from the increase financial investment,improve the management system,strengthen the enterprise pension insurance fund collection and transfer responsibility quality of state-owned capital with the social security fund,the implementation of progressive retirement,improvement of enterprise annuity system,put forward the feasible suggestions.