Research On Law Issues For The Old-Age Insurance Of Rural Migrant Workers

Problems concerning migrant workers' social endowment insurance attract more and more attention in recent years. The central and local governments, under the guidance of academia, adjust measures to local conditions and figure out characteristic social old-age insurance system model for peasant workers'. But because of the particularity and complexity of rural migrant workers' issues, the implementation effects of the existing system model are not satisfying, failing to resolve the low treatment level, difficulty in the joining of urban and rural ones. With the approaching aging issues, how to properly solve the problem of endowment of this large group of aged migrant workers is definitely urgent and of practical significance.This paper carefully examines the cause of current troubles migrant workers confront while having the social endowment insurance. It also offers legal advice to improve the peasant worker's social old-age insurance system through the analysis of the advantages and disadvantages of the typical pattern of current social endowment insurance for rural migrant workers in our country, considering beneficial foreign experience in implementation of the social security system.This paper studies social endowment insurance for migrant workers from three aspects:the first part is basic problem analysis of the social endowment insurance for migrant workers and elaboration on the concept of migrant workers, the professional characteristics and shortage in current implementation of the migrant workers social endowment insurance. It points out that high flow, low-income and local barriers under urban-rural bilateral system are the main reasons for the dilemma of migrant workers' social endowment insurance. The second part is pattern evaluation of typical migrant workers social endowment insurance. Through the analysis of and comparison between advantages and disadvantages of Farmers Insurance Mode, Independent Mode, Urban Mode in their respective legal principle and practice, this paper offers reference for improving rural migrant worker social endowment insurance system. The third part suggests for the perfection of social endowment insurance legal system for migrant workers. First, migrant workers should be brought into the ultimate goal of the urban social endowment insurance system design and principles should be set based on the above goal; Second, basic endowment insurance policies for enterprise workers should be improved to adapt to the professional characteristics of rural migrant workers. Channel should be cleaned for the transfer between the policies and a new type of rural social endowment insurance, making seamless cohesion possible, and realizing urban and rural integration; Then, corresponding systems should be established and improved to ensure the social endowment insurance transfer, capital maintenance and appreciation of individual account and strengthen the supervision of endowment insurance fund; Finally, diversified ways should be established for peasant workers to have social old-age insurance. For illustration, according to the characteristics of the migrant workers and reference to the United States horary experiences, the migrant workers may have a chance to get insured by transferring land-use rights, labor and capital contribution, or property mortgages.