我国住房反向抵押养老保险的现实困境与法治理路

The Realistic Predicament and Legal Governance of Housing Reverse Mortgage Pension Insurance in China

住房反向抵押养老保险是将住房抵押与终身养老年金保险相结合的创新型商业养老保险业务,有利于将社会存量资产转化为养老资源,发挥保险业风险控制、资金管理等优势,多方位参与养老服务业发展。公民私有财产权保护、不动产统一登记以及商业养老保险制度共同构成住房反向抵押养老保险的法律基础。现有法律制度与市场体系尚不健全,无法满足创新型商业养老保险业务的实际需求,制约了住房反向抵押养老保险业务的发展。亟需借鉴发达国家经验,加强制度建设与法律保障,强化政策引导,培育市场体系,同时加快立法进程,完善监管体制,规范保险机构行为,保护消费者合法权益。

Reverse mortgage pension insurance is an innovative commercial pension insurance business that combines housing mortgage with lifetime pension annuity insurance.The program is favorable to transform social stock assets to pension resources,bring the advantages of the insurance industry in risk management and fund management into full play,and participate in the development of the pension service industry in a multi-dimensional way.The housing reverse mortgage pension insurance is based on the legal protection for the right of citizens to own private property,a uniform registration system over real properties and commercial pension insurance.However,China’s legal system and market system of the modern insurance service industry are still developing and cannot meet the requirements for the innovative commercial pension insurance business,and they still lag far behind the requirements of the modern insurance service industry.There is an urgent need to learn from the experience of developed countries,pay attention to system construction and legal protection,strengthen policy guidance,cultivate the market system,speed up the legislative process,improve the regulatory system,standardize the behavior of insurance institutions and protect the legitimate rights and interests of consumers.