企业年金基金治理结构研究

The Governance Structure of Pension Funds

企业年金基金同时具有信托属性和法律主体属性。企业年金法律关系是以信托法律关系为基础的双层法律关系。企业年金基金的受托人有内部化和外部化两种模式。企业年金理事会应当定性为企业年金基金的内部管理机构。法律将受托人的职责进行强制拆分,有利于企业年金基金治理结构的均衡。在实践中,职工的权利被弱化而企业却常常越位。本文认为应从合理分配企业年金理事会理事的责任、强化职工权利等角度完善企业年金基金治理结构。

In legal nature, pension fund is both trust and legal entity. The legal relationship of pension funds is a two-tier relationship based upon trust. The trustee of pension funds has two models of internalization and externalization. The council of pension funds should be characterized as internal managing body. The splitting of the trustee’s rights is helpful to the equilibrium of governance structure of pension funds. In practice, employee’s rights have been weakened while the enterprises are often offside. The governance structure of pension funds should be improved from the point of strengthening the employee＇s rights and appropriately allocating the duties between the members of the council.