Research On Legitimate Problem Of Pressure Driving Into Energy In Chinese Aging

With the development of my country’s market economy and the coming of the ageing era,the Fifth Plenary Session of the 19 th Central Committee of the Communist Party of China put forward the "active policy on ageing",and clearly identified "transformation of pressure brought by ageing into driving force" as the national development strategy.To this end,the National Fourteenth Five-Year Plan and the 2035 Vision Plan further put forward proposals to gradually delay the retirement age.The key to the "transformation of aging pressure to driving force" is to break the legal system bottleneck of the employment of the elderly from the legal system level.Reviewing my country’s labor and social security law,the existing system of age specificity and retirement pension benefits fundamentally denies the qualifications of the elderly laborers as the subject of labor law,resulting in the failure of the rights and interests of the elderly to be protected by "The inclined protection of the Labor Law has become a major obstacle to the employment of the elderly.The only "Employment Promotion Law" in my country has played a positive role in promoting employment,but the employment promotion system excludes older workers from the employment promotion group.Based on the consideration that the market plays a decisive role in the allocation of resources,and in line with the principles of laborer autonomy and freedom of contract,the system of retirement and enjoyment of endowment insurance benefits in my country should be judged based on whether the laborer is physically able to work.On this basis,we follow the autonomy of workers’ will,and dilute and eliminate the "one-sizefits-all" retirement age standard.In order to prevent the legal risks of the employment of the elderly,the Employment Promotion Law and the Law on the Protection of the Rights and Interests of the Elderly should add special provisions for the employment of the elderly,so as to reduce the damage to the practice of the elderly due to the degeneration of their physical functions to a level that can be tolerated and accepted by the society level.The first part analyzes the current situation of the operation of the legal system of employment for the elderly in our country.The early and current regulations on delayed retirement,retirement age and the legal relationship between retirement and reemployment in China are sorted out.And analyze how these regulations operate in judicial practice through a large number of cases on the Judgment Documents Network.The second part discusses some problems existing in the legal system of employment for the elderly in our country.First of all,through the legislative review in the first part,the legal provisions on employment of the elderly in our country are vague or even missing.Third,the current retirement system is also a major factor hindering the employment of the elderly.The rigid retirement age and the difficulty in delaying retirement make it difficult to cope with the diversification of the labor market brought about by changes in the market economy.In the end,there are problems in the identification of the legal relationship of the elderly after retirement and re-employment,which leads to the fact that the re-employment of the elderly cannot be protected by the labor law and their rights and interests are damaged.The third part discusses the reasons for the lack of employment security for the elderly in our country.Good law is the premise of good governance.The Employment Promotion Law is the only law in my country to promote employment,and its content is relatively comprehensive,but it is a principled regulation.In the process of operation,it is mainly for working-age workers,and the employment promotion of the elderly is promoted.Excluded from employment groups.The rigidity of the labor legislation system has led to the inability to properly resolve the employment disputes encountered by the elderly in the process of employment.At the same time,the dual differentiation between the retirement system and the old-age insurance system is also a major factor leading to insufficient employment security for the elderly.The fourth part discusses the legislative status of employment promotion for the elderly outside the territory."The stone of other mountains can be used to attack jade",by analyzing the legislative status of employment promotion for the elderly outside the region,taking Japan,South Korea,the United States and other countries as representative countries,to analyze and study the systems and policies related to employment promotion for the elderly in these countries,combined with my country’s national conditions,to draw experience and enlightenment.The fifth part puts forward corresponding suggestions for the legal issues of employment promotion for the elderly in my country.The first is to clarify that the elderly are the main body in the labor law,so as to provide a legal basis for solving the employment problems of the elderly.The second is to improve the current retirement system,reform the rigid retirement age,and make a good connection with the old-age insurance system.Finally,to formulate special regulations for employment promotion in response to the deterioration of the physiological functions of the elderly.