Research On The Legal System Of Basic Pension Green Investment In China

The sustainability of the basic pension green investment value distinguishes it from socially responsible investment,and its characteristics of taking into account the triple benefits of economy,society,and ecology are consistent with the safety,profitability,and social requirements of basic pension investment.In addition,the current development prospects of China's green investment market are considerable.The green development strategy provides clear guidelines for green investment and forms a common understanding of ecological protection,which provides policy,social and market foundations for basic pension green investment.Therefore,the basic pension green investment has the necessity and feasibility of development under the background of the aging population and the ecological environment.China's basic pension investment is based on the legal relationship of trust.Basic pension investment is distinguished from commercial trusts.It is characterized by the combination of private and public interest in trust responsibilities,fixedness of the client,unspecified beneficiaries,legality of the trustee,and separation of trust property from the client.The basic pension green investment also has the property of trust,and its non-financial trust goal of pursuing ecological benefits still has some theoretical disputes in the field of trust responsibility.After the establishment of a trust,the connotation of the trustee 's trust responsibility should be analyzed in combination with the purpose and nature of the trust.The establishment of the pension insurance system is to achieve social welfare and maintain intergenerational equity.China 's basic pension trust investment system must have the ability to ensure the future realization of the pension insurance system goals;and the establishment of integrated accounts and personal accounts determines the basic pension Trust investment has private benefits and public welfare attributes,so the connotation of trust responsibilities is no longer limited to pursuing the beneficiary 's maximum financial returns,but also pursuing the beneficiary 's ecological benefits based on the charity attributes to maintain the ecological environment on which humans depend,and to ensure Realize equity in the economic and ecological fields within and between generations.The above constitutes the trust legal basis for basic pension green investment.Therefore,the basic pension green investment is legally justified.The particularity of its trust legal relationship is reflected in the ecological nature of trust responsibilities and the benefits of beneficiaries.It prohibits investment decisions to obtain economic benefits at the expense of ecological benefits,and encourages Ecological investment that can bring economic benefits.However,China's current basic pension green investment legal system fails to fully take into account the particularity of basic pension green investment,there are insufficient ecological value,insufficient protection of beneficiaries' rights and interests,lack of green screening system,imperfect information disclosure system,supervision system The problem of imperfect and incomplete risk control system cannot meet the legal requirements for the development of basic pension green investment.Therefore,it is necessary to rethink the basic pension green investment legal system from the value level,principle level and system level.Specifically,at the level of legal value,establish greening and investment safety principles and clarify the sustainable development goals;at the level of beneficiary 's rights protection,normalize the legal status of beneficiaries,establish beneficiary consultation and relief procedures;invest in green At the core operational level,formulate screening and layered information disclosure systems;at the level of investment supervision,improve the internal layered supervision system and broaden the external supervision path;at the level of risk control,establish a green risk and return evaluation system,introduce a “dual” insurance system,Establish a national fiscal deficit system.