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The Research On The Legislation Of The Social Security System In China

Posted on:2005-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:J Z LiFull Text:PDF
GTID:2156360122991785Subject:Economic Law
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The legislation of the social security system in China has just begun, the social security system under the market economy need to be developed and improved. The present thesis attempt to study the theory of the social security legislation and analyze the present legislation condition in China and make, some contribution to the legislation construction of the social security .The thesis is divided into four parts:The first part .an introduction towards the basic theories of the social security law. Social security law is a complex of laws ,regulations and rules, which adjust different relations between the nation , society , and the social members, ensure the basic living condition of the social members in poverty and the special disabled groups, and aim to improve their living quality step by step. It has the feature of wide social quality and strict legislative quality. The relations that the social security adjusts includes the following: social insurance, social assistance, social welfare, and social special care. It can satisfies the basic needs of people's living, promote the development of the economy, maintain the steady of the social order by way of the rearrangement of the national income, valid allocation of the social resources.The main theory of social security system includes the following: the idea of exist right, the idea of social equality ,the idea of social solidarity.The second part, the comparison of the legislative models of several classical social security laws. Based on the above-mentioned theories, western countries established different social security with different characteristics, among which the more classical ones are national oriented German and Britain model, individual oriented Chili and Singapore model. The two models have their own features and positive points and negative points. The national-oriented model emphasizes the nation's duty and the function of maintain the social steady, which also results in the negative influence of welfare. Individual-oriented model emphasizes the individual's duty and the highly efficient running of the social security funds, whichweakens the function of reallocation of social security. Western countries' social security legislation has a history more than one hundred years, we can draw many lessons from their success and failure. By the comparison , we can be enlightened in our social security legislation.The third part, an analysis of the present social security legislation. At present, china's social security legislation lies a transitional period, there are many weaks: first, lack of integral planning, there are many blanks; second, the level of legislation is very low, and there are too many administrative legislation, and too less national people's congress legislation. Thirdly, there is no standard legislative system , and the subject is plural. Fourthly, the development of legislation is imbalanced fifthly, the enforcement system is poor, it's difficult to enforce the law.The fourth part, The writer's idea of improving the social security legislation.To improve our country's legislation work, the following three aspects should be better done:First of all, make sure the value of the legislation, which is the basis of legislation. Here, the following relations should be well dealt with: efficiency and equality, the transition of the foreign law and the localization of the law, the development and the global economy, etc.Second, establish the principle of the social security legislation, which is the root of legislation. The main principles include the following seven :the principle of existence ensurance , the principle of universal, the principle of socialization, the principle of adapting the security to the economy development, the principle of combining fair with efficiency, the principle of combining family protection with social security, the principle of basic living security.Thirdly, bring forward the measures of perfecting the legislation, which is the key points of legislation. The measures inc...
Keywords/Search Tags:social security, legislation, research
PDF Full Text Request
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