The Constitutional Protection Of The Right Of Endowment Insurance Under The Perspective Of China And Japan

As a social right,old-age insurance right is a basic one from the state and society people can get when they get old.Every citizen should enjoy the right equally.Although China’s Constitution in 1954 provided the right to citizen and affirmed the constitutional status of citizen’s pension rights.However,due to many factors such as history,society,economy and culture,constitutional protection still needs to be further improved in many aspects.Japan is very developed in the constitutional protection of residents’ old-age insurance rights.The National Pension Act,which began in full implementation in 1961,marked that Japan has entered the era of “all people get annuity”.In the process of developing the right to old-age insurance,Japan reflected the right to old-age insurance with a more comprehensive and higher-level text specification,a relatively strong legislative protection mechanism for old-age insurance rights,and practical judicial protection and unconstitutional review.Comprehensive protection of the rule of law.Compared with our country,Japan’s system of the constitutional protection of old-age insurance rights is more mature and complete,the rights of old-age insurance rights enjoy a more comprehensive range of subjects,and the legal supervision system of old-age insurance rights is more optimized.At the same time,under the influence of declining birthrate and the protection mechanism of the old-age insurance right itself,Japan also face the problem of reduction of the protection of the insurance under the financial crisis and lack of confidence of young people to the insurance system.In view of China’s actual national conditions and consideration of the advantages and disadvantages of Japan’s constitutional protection of old-age insurance rights,China can promote the legislative construction of old-age insurance rights in accordance with the constitution in many ways.As a result,we can define the responsibility of the constitutional protection of the old-age insurance rights and responsibility scope clearly,while adhering to the principle of protection of old-age insurance rights in line with economic development,and building a diversified pension insurance rights protection model and clearing the path of old-age insurance rights relief so that the constitutional protection system for the right of insurance being increasingly perfected.