The Study On The Legal Issues Of Social Pension Security For Land-lost Farmers In China

Land-lost farmer is a special group which emerges in the process of Urbanization and industrialization, and a marginal group which is rejected by both country and city. Land-lost farmer is obviously at a disadvantage in the employment, children’s education, old-age security, needing governinental policy’s support and law’s special protection. Along with the rapid development of the Urbanization, land-lost farmers increase sharply by more than5million annual population. When the family pension function was severely weakened under the background of the times, lost the fundamental security of land, farmers’pension problem increasingly comes out, causing the wide attention of the society.Establish and perfect the society insurance legal system of the land-lost farmers, solve the land-lost farmers’old-age security problem, are needs to narrow the gap between the rich and the poor, cultivate the urban and rural social endowment insurance system, to alleviate the social contradiction and construct a socialist harmonious society, and the due justice to perfect Chinese characteristic socialist security legal system. This thesis is divided into four parts to discuss our country rural social endowment insurance legal system construction.The first part introduces land-lost farmers’status of survival and development in China, including the emergency of the land-lost farmers’problem, the life status, employment status and family pension security status of them, then comes to the conclusion that the land-lost farmers are in a weak position in social and economic life, bedding for the second part analysis necessity.The second part analyzes the land-lost farmers social endowment insurance legal system construction necessity, firstly, find support from a series of important theories, which are mainly marginalization theory, hierarchy of needs theory, justice theory, market failure theory;Secondly, discuss the great significance in urban and rural areas the social security system, solve "the legacy" from the source and narrow the gap between the rich and the poor in the respect of real need. The third part emphatically introduces the system of endowment social insurance practice of land-lost farmers. Considering our country’s current economic development level is generally low, imbalance between regions is obvious, not having the establish condition to build a nationwide unified social endowment insurance system. Central government encourages to carry out local experimental work, more representative approaches are:incorporate the rural social endowment insurance system and the urban social endowment insurance system, build land-lost farmers’ society endowment insurance system and basic safeguard system, incorporate small urban social endowment insurance system and the commercial insurance system. Pilot trial obtained certain achievement also along with many problems. This paper introduce all these models in detail, and review their advantages and disadvantages.The fourth part is the key point and essence of this paper, solving the problems and putting forward the countermeasures. Firstly, establish the basic principles of our country rural social endowment insurance law system construction, including the wide coverage and the principle of flexibility, government leading and responsibility principle, diversification principle, voluntary and mandatory combination principle and sustainable development. Secondly, design the main system, including the determination of endowment insurance main body, increasing pension fund raising channels, strengthening the fund supervision to ensure the fund to maintain and increase value, design the interface of agricultural and city security to coordinate urban and rural social security system. Last but not least, put forward suggestions to perfect the relevant supporting measures, including the reform of census register system and land system reform, employment training to establish and perfect the system, participation of the commercial insurance, research and implementation of the pension and housing in reverse mortgage system and so on.