On November 15, 2019, at the invitation of the Research Center for Labor and Social Security Law of Wuhan University, professor Zhong Bingzheng from Taiwan Defense University College of Law, Lin Jiahe, an associate professor of Chengchi University College of Law, professor Wang Quanxing from the law school of Shanghai University of Finance and Economics, and professor Lin Jia from the law school of Renmin University of China came to Wuhan University Law School to discuss on the topic of the protection of the rights and interests of the elderly in the context of aging. The forum was hosted by professor Yu Shuhong, the director of the research center for labor and social security law of Wuhan University, and professor Zhang Rongfang. Professor Xu Zhihua from the law school of Zhongnan University of Finance and Law, professor Wen Qinghong from Wuhan University of Science and Technology, Jin Yuxi, an associate professor of Hunan University, professor Han Guijun from Zhongnan University of Finance and Law, Wei Yijun, the director of Hubei Weiside Law Firm were the commentators.

 

The protection of the rights and interests of the elderly in the context of aging in Taiwan

Theme 1

laws and regulations of Long-term care of Taiwan

First of all, professor Zhong Bingzheng introduced "the gradual rise of long-term care law". Starting from the concept of care, he clearly defined the identification of care.

He pointed out that the appearance of long-term insurance was attributed to the responsibility of long-term care transferred from family risk to social risk. At present, the models of long-term insurance in the world included insurance (Germany, Japan) and allowance (Austria).

He introduced the relationship between the long-term insurance law and the long-term service law, and analyzed the plan of the long-term insurance.

Finally, professor Zhong Bingzheng made a summary. He believed that the long-term legal system was an important part of social law. We should study how to promote the development of the long-term legal system from three aspects: economic security, institutional administration and personnel training.

Theme 2

Labor law of middle and advanced age: Prohibition of discrimination, promotion of equality, working and employment

First of all, associate professor Lin Jiahe introduced the background of the report. Under the impact of aging and low birth rate, the age of working population continued to decline and the sustainability of social economy was damaged.

From the perspective of "labor law and labor policy", Mr. Lin Jiahe put forward three points of equality: negative discrimination prohibition, positive equality promotion and employment promotion.

From the perspective of "constitutional equal rights / principles run through labor relations", Mr. Lin Jiahe introduced the age discrimination which included direct discrimination, indirect discrimination and intermediary discrimination.

Finally, professor Lin Jiahe introduced the "external labor market" from the perspective of "labor market policy and the labor of middle and advanced aged ".

Discussion

Professor Xu Zhihua raised three questions:

First, did long-term care insurance belong to social insurance or commercial insurance?

Second, what could the old people do?

Third, we should carry out professional training in the long-term care agencies.

Professor Wen Qinghong thought about the problem of the aged labor from the perspective of traditional culture, and put forward the question whether the retirement age in China should be declined.

Assistant professor Jin Yuxi pointed out that long-term care insurance was a need of daily life. She stressed that the prohibition of negative discrimination and employment promotion should be discussed from the perspective of jurisprudence.

The protection of the rights and interests of the elderly in the context of the aging of the mainland

Theme 1

Policy thinking on legal status, rights and interests of over age workers

First of all, professor Wang Quanxing pointed out that the shortage of pension resources and high-quality talents resources was the main problem of over age workers in China.

Secondly, professor Wang Quanxing analyzed the causes of over age workers and the possible impact on the employment of young and middle-aged people. He pointed out that the main reason for over age workers' reemployment was to improve their living needs.

Thirdly, Professor Wang Quanxing made an analysis of the current legal arrangements from the perspectives of labor law and social insurance law.

Finally, Professor Wang Quanxing put forward relevant suggestions from three aspects. First, delay retirement and renew the labor contract; second, reemployment after retirement; third, retirement and pension.

Theme 2

Identification of labor relations of the elderly

First of all, professor Lin Jia thought that the laws, regulations and judicial interpretations in China had not made clear provisions on the employment and labor relations of the elderly.

Secondly, professor Lin Jia thought the existing problems included unclear legal provisions, different departments have different understanding and implementation of laws, and the differences of various court's judgment standards.

Finally, Professor Lin Jia put forward the thinking direction of the relevant problems. At the policy level, we should deal with the relationship between employment, the protection of the rights and interests of the elderly and the promotion of employment.

Talk Session

Professor Han Guijun believed that an important progress of human society from the traditional to the modern was to respect the individual's right to choose. It was more reasonable to regard the labor right of over age workers as the right of choice.

Associate professor Wang Min thought that the judicial practice in China had regressed. She thought that other rights and interests of workers cannot be damaged on the ground that they have already enjoyed pension insurance.

Associate Professor He Ping proposed that the rights and interests of the elderly needed to be respected. From the perspective of legal theory and rights protection, the rights and interests should have its own legitimacy and rationality.

Director Wei Yijun analyzed the problem of how to define the retirement of the elderly. He agreed with the flexible retirement policy. He thought that different people had different physical conditions and intelligence levels at the same age.

Professor Zhang Wanhong put forward three suggestions:

First, aging has become the trend of human society.

Second, we should manage to look at the problem of population aging from the perspective of human rights.

Third, in the research process, we should pay full attention to international documents.

 

Q & A

Chang Yajie, a 2019 postgraduate of Wuhan University Law School, asked a question about "the reform idea of flexible retirement".

Professor Lin Jia thought that the delay of retirement was related to the social and economic environment in which he lived, and the burden behind the reform was heavy.

Professor Wang Quanxing thought that it was difficult to explain the specific reform ideas of flexibility, which mainly depended on how the government arranged.

Zhang Shiyu, a 2018 postgraduate of the law school of Huazhong University of Science and Technology, proposed whether long-term care could be divided into professional and non-professional according to different types.

According to professor Zhong Bingzheng, social insurance provided basic security, on which all people were equal, and the cooperation between professionals and non-professionals was practical.

At the end of the forum, Professor Zhang Rongfang made a wonderful summary of the forum, and once again expressed sincere thanks for the arrival of professor Zhong Bingzheng, professor Lin Jiahe, professor Wang Quanxing and professor Lin Jia. The forum ended successfully in the warm applause of all teachers and students.

 

Edited by Su Yi & Wu Liuqing