中國大陸養老保險制度中個人帳戶法制之研究

Abstract

中國大陸於1997年向全國推廣個人帳戶制和社會統籌制相結合的養老保險制度。該個人帳戶制度缺乏互濟性，運行效果不彰，又復有空帳運轉、基金挪用等問題。本文利用文獻分析法，欲探究中國大陸養老保險個人帳戶法制之形成過程。養老保險個人帳戶制的改革是國有企業改革、市場經濟體制改革、世界銀行、新自由主義思潮和媒體宣傳、學界背書等因素共同作用的結果。累積式個人帳戶制度一定程度達到了減輕國有企業責任和國家財政負擔、處理通貨膨脹和累積資本的目的，卻缺乏共濟性，無法因應通貨膨脹風險，暴露國民於老年經濟風險之中。未來中國大陸養老保險之改革應回復保障老年經濟安全之主要目標，將個人帳戶制從基本養老保險層次分離，健全社會保險法制，方符合社會保險之理念，保障公民社會安全權。

It’s in 1997 that mainland of China decides to promote the pension insurance system which has been combined between the individual retirement account and PAYG nationwide. There are some problems existing in such an IRA system such as the lacks of the mutuality, the unsatisfying operation effect, and the operation of the empty account as well as fund misappropriation. With the adoption of the literature analysis method, this paper aims to explore the formation process of mainland China IRA legal system of pension insurance. The reform of IRA system of pension insurance serves as the result of the joint action of numerous factors such as state-owned enterprise reform, market economy system reform, World Bank and neo-liberalism and media propaganda as well as academic endorsement. To some extent, the cumulative IRA has reached the goal of alleviating the responsibility of state-owned enterprises and the financial burden of the State, as well as dealing with inflation and accumulating capital. However, its lacks of the mutuality and inability to deal with the inflation risk will expose the citizens to the risk of the old economy. Therefore, in the future, the reform of pension insurance in mainland China should insist the main goal of guaranteeing the old-age economic security so as to not only separate IRA from basic pension insurance, but also perfect the social insurance legal system, and in such way it will conform to the concept of social insurance and guarantee the citizen`s right to social security.