Research On The Legislation Of The Old-age Insurance In The Countryside Of China

The old-age insurance in the countryside (QIC) is often effaced in China. For the past 20 years, family structure in the countryside has changed a lot for the widely carrying out of "Family Contract with Output Associated". Especially since the last10 years, rural economics and family structure have changed rapidly-morenuclear families, more separations of the youth with the aged after marriage, more young people going up into cities for business and trade, which are pounding the traditional pattern of family supporting in the countryside. Therefore, the settlement of the supporting for the aged in the countryside is more and more urgent. In this paper, the author did a simple research on the legislation of QIC in China, drawing on other counties' experience of establishing systems of the old-age insurance by legislation.Basing on the analysis of the conception of QIC, the author holds that "the law of QIC" is the assembling of the laws and rules which regulate the economic supporting relationships, with the county, the society and the farmers themselves as the subjects, which aroused in safeguarding of farmers' rights of old-age insurance to satisfy their basic needs and enhance their living standard.Scholars have always been arguing on whether in China there are legislations on QIC. The author held that the legislation in China are materialized by provisions in the Constitution, the codices, the statutes, the administrative rules and the regional regulations, which have developed steadily with the development of QIC. However, there are many limitations in the existing provisions*low legislative system arrangements, malformed regional legislations, out-of-order legislative system, and so on. Among the factors touching the lagging of legislation, the author thought the lack of theoretic research on legislation, the false orientation for the function of QIC, and the negative attitude of the government toward QIC are most important influential factors.It is by compelling legislations in the world that social security transformed from the form of "family supporting" and "beneficent relief to its modern patterns. Therefore, the author thought that the legislations on QIC would clarify and legalize the rights and duties, define the relationships of QIC, rationalize all related rules and regulations and help to actualize QIC.Legislative principles are the premise and basis for legislative practice. The author held that, in view of the realities in our country, we should put more emphasis on these principles-"protecting equally the rights of old-age insurance for farmers", "orientating to equality and emphasizing efficiency", "giving equal considerations to reality and augury", "uniting oneness to diversity", and "wholly safeguarding the farmers, workers and businessmen".It is one of the legislative characteristics in the world that there are always many bodies having the power to legislate. To the legislation on QIC in China, we should establish two levels: the center and the localities-the Committee of China National People's Congress drawing up the basic law ("the Law of Old-age Insurance in the Countryside"), the State Department drafting some related nationwide administrative statutes and all localities formulating their own local systems. Meanwhile, drawing on the experience of other countries, the mode of our legislation should be respective legislation.As the legislation on QIC is a systemic project, the author pointed out that we still have to perfect some related provisions in the Constitution, the Labor Law, and the Criminal Law to harmonize the specific legislation on OIC and other related rules and laws.The content of a law is a most important standard to weigh its quality. The author thought the contents of "the Law of Old-age Insurance in the Countryside" should at least include the principles, the spectrum of applied objects, the raising of insurance fund, and so on.