A Research On The Legal System Of China’s Rurla Social Endowment Insurance

The legal system of rural social endowment insurance is an important component of the legal system of China’s social pension insurance system. However, due to the impact of urban-rural dual economic structure, China’s social pension insurance system has also shown a clear urban-rural duality. In China, the urban social pension insurance system has been established, and currently it is in the innovation and sound stage of development. However, the rural social endowment insurance system is still in its infancy, and it is taking place throughout rural social endowment insurance pilot work.From the diachronic point of view, China’s rural social endowment insurance system has undergone a development process of transformation from the traditional rural social endowment insurance system to a new type of rural social endowment insurance system. The traditional rural social endowment insurance system, because of the shortcomings inherent in institutional design, has now been proved not suitable for China’s rural development needs of social reality. Every region has stopped apply throughout the traditional rural social endowment insurance. China’s new rural social endowment insurance system established from the State Council issued the "State Council to carry out the new rural social endowment insurance pilot guidance". The guidance has much to be positive innovations in clarity of government responsibility; the appropriate level of protection; specific properties of social insurance; perfect handling management services, systems and handling agency set up, and so on. However, there are also aspects to be improved. It is embodied in the absence of legal protection, as well as imperfect fund management system. So, this paper will put the analysis of traditional rural social endowment insurance system on the basis of defects, affirming that the new rural social pension insurance system innovations and summarizing shortcomings of the new rural social endowment insurance system. In response to these less, combined with the exploration of part of the pilot areas, as well as the useful experience of foreign inspiration, from two aspects of the improvement of relevant legislation and the specific design of the system, raised on comprehensive proposal of the rural social endowment insurance in China’s legal system. From the relevant aspects of the legislation in terms of improving, China should adopt legislation combines unified and separate-type model, that is, first by improving the "Social Insurance Law"(draft) the relevant provisions, clear rural social endowment insurance legal status; Second, by the State Council formulating the "rural social endowment insurance regulations," unify Local Legislation and perfect the legal system of rural social endowment insurance. From specific institutional design is concerned, China should adopt social pooling and individual accounts funded with part of the model, and the rural social endowment insurance fund is made up of the state, collectives and individuals to form a tripartite co-financing. And clearly define the responsibility of the parties to the funding, funding capacity and funding parties; adopting the relative concentration of the rural social endowment insurance fund management model, and actively explore the rural social endowment insurance fund management, including investment bank loans and entrusted investment. At the same time strengthening the rural social endowment insurance management institution-building, establishing a unified national agricultural insurance Fund Oversight Committee. Separate powers of the use of agricultural insurance fund management and regulation rights, for implementation and increasing the value of agricultural insurance fund; Improve the rural social endowment insurance system for the legal remedies, including two aspects of judicial remedies and administrative relief.This study consists of four parts. Firstly, I will sort out the basic categories of legal system of the rural social endowment insurance, analyze the content of rural social endowment insurance, it will serve as the logical starting point for full-text research. Secondly, I will analsize the development of the legal status of China’s rural social endowment insurance system. Mainly from China’s rural social endowment insurance system and the legislative status of the development process to discuss. Again, based on reflections on China’s current legal system of rural social endowment insurance, I will give an comparative study of the foreign legal system of rural social endowment insurance, sum out the revelation of the foreign legal system of rural social endowment insurance to improve China’s current legal system of rural social endowment insurance. Finally the above analysis, from the macro and microscopic view, I will put forward the basic idea to improve China’s legal system of rural social endowment insurance.