Font Size: a A A

Institutions Endowment Insurance Legal System Reform And Perfect

Posted on:2013-02-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:L WangFull Text:PDF
GTID:1116330371474889Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In terms of development of the endowment insurance system, the public serviceunit lags behind the enterprise employees. While the reform of it never stops, as themost basic and important part of the social security system, the framework ofendowment insurance system has always been undetermined. Thus to some degreecausing the restriction of the reform of it. At the same time, since the public serviceunit has connotation and extension of varying degrees with the administrative body aswell as a complex changing history, the reform of the endowment insurance system isextremely difficult. On January28,2009,the Ministry Of Human Resources andSocial Security of the People's Republic of China(MOHRSS) formally issued the《Institution Endowment Insurance System reform plan》. Five pilot provinces andcities Shanxi, Shanghai, Zhejiang, Guangdong, Chong qing took the reform firstly,which raised widely public attention. The main reason lies in that: on the one hand, asone of the important part of the institution reform in China, the institution endowmentinsurance reform is affected by both the factors of the institution system reform andits own feature. So its complexity and difficulty can be easily imagined. On the otherhand, the current endowment insurance system of the public service unit can't adaptto the current social economic development of China already. Therefore, ourcountry's institution endowment insurance system reform is not only imperative butalso imminent. Along with the further development of the market economy system ofour country, the full swing of the institution system reform, elative systems alsoneeds to be established and perfect. Relevant legal system is particularly important,too. China has formally promulgated the 《social insurance law of the People'sRepublic of China》,we should treat this as a motivation to speed up theestablishment of forming a complete set with the endowment insurance system andthe related institutions endowment insurance mechanism for institutions especially atthe key time of the reform of enterprises, for the welfare safeguard of the institutionsstaff. Based on the above reasons, this article selects the reform and perfection of thelegal system of institution endowment insurance as the research propositions. Within the legal system range, this article reflects the present situation of reform, bringsabout the perfect parts of this system and emphatically analysis the system's theorybasis, legislation idea, principles, objectives and the basic framework from the angleof law to lay a theoretical foundation of follow-up study.Around the topics, this paper's concept is: Firstly, describe the basic theory ofinstitution endowment insurance and analyzes its legal theory, which means thephilosophy of law of the protection of human rights theory, method of ethics valuetheory, method of economics theory and resource allocation of sociology of fairnessand justice theory. Secondly, on this premise, draw the part that can be used forreference of our country's endowment insurance system through the inspection andcomparison with the foreign office personnel endowment insurance. Thirdly, throughreflection of our country's current system situation to conclude the institutionendowment insurance's basic idea of law, principle, goal and direction. Finally, basedon the study in higher school, this paper focuses on the specific details of how toperfect the system and the conditions to realize it.This paper is divided into six chapters, including the introduction, text andending。In the first chapter——the introduction part, the paper puts forward theimportance to study this paper and presents the problems, contents, ideas andmethods mainly from the research background. The second chapter summarizes thebasic problems of the legal system of the public service unit. First of all, it states thedefinition of "the public service unit" and the particularity of the institutionendowment insurance. Second, the paper discusses the four phases of the evolution ofconnotation and range of a public service unit. Finally, this paper focuses on the legaltheory of our country's institution endowment insurance system——the philosophyof law of the protection of human rights theory, method of ethics value theory,method of economics theory and resource allocation of sociology of fairness andjustice theory. The third chapter presents more investigation and reference ofinstitution's endowment insurance legislation. First of all, the paper focuses on theendowment insurance legislation and basic content of foreign office personnel,including Japan, Korea, Germany, the United States, South Korea and Chile.Secondly, it analyzes the enlightenment and significance of these experiences to ourcountry institution endowment insurance system. The fourth chapter outlooks on thepresent legal system situation of the institution endowment insurance in our country. First of all, it reviews the establishment and the development course of our country'sinstitution endowment insurance system, studies the current institution's endowmentinsurance system and analyzes the existing problems of current situation and reform.Second, the paper expounds the necessity, urgency and the dilemma we face toreform the institution endowment insurance system. Finally, it gives the currentsituation a thorough reflection and prospect. The fifth chapter discusses the basictrain of thought to establish and perfect the pension insurance system. First, the paperuses related theory such as social justice theory, social joint concept and thegovernment's social security responsibility to research into the basic principles andgoals of the reform of institution endowment insurance. Second, the paper putsforward the goal of the reform and then determines the direction of it, while putsforward some countermeasures and suggestions to solve the problem. Finally, thesepapers discusses that we should speed up the establishment of endowment insurancesystem with suitable characteristics to institutions, and guarantee the link betweeninstitutions and enterprise pension insurance system, therefore realize the balancedurban and rural development of basic pension insurance system. Chapter6putsforward the detailed content of the reform and perfection of the institutionendowment insurance, and explains it from the aspect of researches into higherschool. First of all, the paper analysis the particularity of the law system of higherschool endowment insurance, then it determines the range of it. Next, the paperanalysis the key issues of the insurance's funds raising, management and choice ofoperation mode. Thirdly, it makes clear the legal responsibility of higher schools, anddescribes the basic content of the establishment of the pension system of higherschools. At last, the paper proposes some concrete measures as solution of judicialguarantee of our country's higher school endowment insurance system. Theconclusion part summarizes the whole paper, and analyzes the limitations of thisstudy as well as future research prospect.
Keywords/Search Tags:institutions, endowment insurance, legal system, reform, Perfection
PDF Full Text Request
Related items