Research On China’s Delayed Retirement Legal System

The retirement system,which is of great significance to workers,provides institutional guarantee for them to enjoy economic assistance from the state after they lose their ability to work due to old age or disease.As our country enters an aging society,the disadvantages of China’s retirement system are increasingly prominent,and the delay of retirement has been gradually put on the agenda.Delaying retirement is a complex social system project,which should not only meet the needs of national economic development,but also protect the rights and interests of workers.By sorting out the existing achievements of retirement system and delayed retirement,the author hopes to put forward some suggestions on the design of China’s delayed retirement legal system.Considering China’s national conditions,this paper reviews China’s retirement legal system,draws lessons from foreign delayed retirement theory and practical experience,and discusses the construction of China’s delayed retirement legal system.The specific content is divided into six chapters:The first chapter is the introduction.This chapter discusses the background,significance,research ideas and methods of the legal system of delayed retirement in China,and points out that the background of delayed retirement in China is the aging of the population.Delayed retirement can relieve the pressure of the payment of pension insurance fund and promote social stability and economic development in China.After sorting out the domestic and foreign research,the innovation point of this paper is that the delayed retirement should adhere to the rank principle,proportion principle and order value principle,and it guides the specific measures of delayed retirement through the principles above.The second chapter is the theoretical analysis of retirement and delayed retirement legal system.This chapter defines the connotation of retirement and delayed retirement and explains it from the perspective of institutional practice.On the basis of clarifying the relevant concepts and according to the autonomy of workers’ retirement,the retirement legal system is divided into compulsory retirement system and voluntary retirement system.The compulsory retirement system pays attention to the compulsory retirement of workers,while the voluntary retirement system emphasizes the right of workers to choose retirement,and encourages workers to take the initiative to delay retirement through flexible incentive measures.Delaying retirement is conducive to the protection of workers’ rights and interests,which accords with the theory of labor right,retirement right and social security right.The third chapter is the historical investigation and current situation evaluation of our country’s retirement legal system.This chapter examines the development and evolution of China’s retirement legal system,and points out that China’s retirement system has experienced the development process from state or enterprise pension to social pension,and finally establishes the retirement system with the conditions of retirement and retirement benefits as the core.Through the analysis of China’s retirement legal system,it points out that facing the aging population,the disadvantages of China’s retirement system are increasingly prominent,can not meet the needs of China’s social and economic development,China’s delayed retirement policy arises at the historic moment.The fourth chapter is the necessity and feasibility of implementing the delayed retirement system in China.This chapter points out that with the continuous development of China’s society,the aging of the population is increasingly severe,the pension fund payment pressure is increasing,the working-age population continues to decline,China’s implementation of delayed retirement is necessary.On the other hand,the implementation of delayed retirement in China is faced with severe employment situation,as well as the protection of the rights and interests of elderly workers,so delayed retirement is faced with great difficulties and challenges.The fifth chapter is the comparison with and reference of the legal system of delayed retirement of the foreign countries.This chapter introduces the legal system of the United States,Germany and Japan delay retirement,through the comparison,it finds out that the delay retirement practice of these countries have both their own characteristics and commonness,and reforms are mainly concentrated in delay retirement legislation,incremental delay retirement,delayed elastic retirement,retirement of men and women at the same age,improving the old-age security system and employment promotion measures,etc.,providing reference and enlightenment for our country delay retirement.Chapter six is the construction of the legal system of delayed retirement in China.This chapter points out that delayed retirement needs to adhere to the principle of rank,proportion,interest balance and order value,and also needs to ensure the implementation of delayed retirement through legislation.To be specific,China needs to adopt the implementation mechanism of gradual retirement postponement,flexible retirement postponement and narrowing the retirement age gap between men and women,classified advancement,together with the protection of the rights and interests of elderly workers,the improvement of the multi-pillar old-age security system and supporting measures to promote employment.