Proposals On Consummating The Legislation For Our Country's Rural Society Endowment Insurance

With the development of China' economy, the acceleration of our country' urbanization and industrialization, the increase of the Chinese People' standard of living, the life expectancy becomes longer and longer, and the aging issue becomes more and more prominent. Due to the weakening of the safe guard function of the family and the land, the system of the aged being supported by the family, which was once quite popular, can no longer find its inherent basis. Inevitably, the old age support in the rural area is gradually being socialized. Determined by the urban- rural binary social and economic structure, however, social endowment insurance is differentiated between the city and the countryside. It is hard for the rural residents to enjoy the same social welfare as the urban ones. The legislation perfection of social endowment insurance in the rural area is thus of great urgency. Up to now, our nation has not come up with one single law addressing the issue of rural social endowment insurance. The guideline for rural endowment insurance is merely The Fundamental Program of County-Level Rural Social Endowment Insurance, which was promulgated by the Ministry of Civil Affairs as early as 1992, and the relevant local laws.China is a developing country with rural residents occupying more than 70 percent of its total population. Perfecting its legislation of social endowment insurance in the rural area is of great significance. Based on China's rural social endowment insurance system for the development of history on, the summary of China's rural social endowment insurance system for the status quo, the writer pointed out The problems in the existing legislative system of social endowment insurance in China's rural area.To perfect the legislation of social endowment insurance in the rural area, we can learn from other countries. Experiences in Germany, France and Japan indicate that a country's rural social endowment insurance has to be in conformity with its specific national conditions and be in possession of its own distinct national characteristic, and can be established only after continuous exploration. Hence, only by establishing a new social endowment insurance system in the rural area that not only accords with China's national conditions but also links with social endowment insurance in the urban area can we basically solve the old age support problem of rural residents.In view of our country's current economic development and in-rooted binary administrative system, however, the paper proposes a choice: that is, a disciplined legal system of rural social endowment insurance should be established and perfected as soon as possible. To ensure the authority and stability of the rural social endowment insurance system, Rural Social Endowment Insurance Law should be enacted by the National People's Congress or its committees, and local rules and regulations must conform to the national law. The objective is to establish a comprehensive, diversified, and perfect legal system of rural social endowment insurance that covers all rural residents and possesses appropriate standards by the year 2020, i.e., before the arrival of the ageing peak of the rural population.