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The Coordination Of China Local Social Security System

Posted on:2004-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LiFull Text:PDF
GTID:2156360122985055Subject:Economic Law
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China has a territorial social security system, which means that the domicile is the basis of social security right. The effects of traditional planned economy and the imbalance of regional economic development result in the differences of local social security system. With the workers' floating across areas, this kind of differences shows up gradually. Under the existing Chinese legal system, this kind of differences cannot be solved effectively. Therefore, there is a crying need for coordinates the differences between local social security systems.The intention of this dissertation is to design a coordination system on local social security system differences, on the basis of China social security situation and by learning from the EU experience on coordinating the conflicts of laws between different countries. This dissertation makes a breakthrough on the study method of economics, and analyses the local social security system differences in the view of jurisprudence. It learns from the EU legislation and leads an opinion of "coordination" into the Chinese social security law, and uses a method similar to the conflict rules in international private law to solve the local social security system differences in China. In other words, under the condition that remaining the existing local social security system, by using the law selecting rules, the coordination system shows which local social security system should be applied s. This dissertation has three chapters and 30,000 words. The first chapter discusses the local social security system difference. It introduces the phenomenon of local social security system differences and the effects to the floatation of workers and the business management. Then the author analyses the reasons of local social security system differences, which includes the internal reason and the external one. Additionally, the author analyses the necessary of design the coordination system on local social security system differences.The second chapter discusses the thinking of solving the local social security system differences. Firstly, the author illustrates the situation of EU countries social security conflict of laws and introduces in detail EU coordination system on conflict of laws, which selects the law that the workers should apply by using conflict rules. On the basis of the similarity between China local social security system differences and EU social security conflict of laws, the author elaborates the reality and feasibility of learning from EU experience. The third chapter discusses how to design a coordination system on local social security system differences with Chinese characteristics on the basis of conditions of China. Firstly, the author discusses five fundamental principles followed in designing this coordination system. Then, the author makes clear the workers covered by the social security system in China and designs a series of local law selecting rules towards pension, social insurance, industrial injury insurance and some special conditions. The last part is conclusion. The author believes that using local law selecting rules to coordinate the local social security system differences is a necessary and significant step in China social security system reform. This transitional period will be very, very long.
Keywords/Search Tags:Coordination
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