Construction Of A New Rural Social Pension Insurance Legal System

The new rural social pension insurance legal system is an important part of China's social security. Development of Rural pension legal system after the foundation of PRC can be divided into three stages. However, rural social pension insurance legal system has not been established yet, which is due to the corresponding economic development stage, the lagging legislation of rural endowment insurance, separate policies issued by different departments, lack of convergence between urban and rural pension insurance, and lack of legal enforcement of rural endowment insurance system.This paper begins by comparison of current international legal systems to establish rural endowment insurance from legislation, and financial burden, and national responsibility. Then based on Chinese situation this paper explored the practical way of construction of a new rural pension legal system for China. Refered to those international systems, consideration of jurisprudence about new rual pension legal system was conducted mainly on rural endowment insurance and social security. Six principles are put forward as the guidance for construction of a new rural social pension legal system, including the right to survive, social equality, to improve social laws, to share risk among policy-holders, to undertake main responsibility by the government.It is a main innovation for this paper to address the idea about construction of a new rural social pension insurance legal system, which is also the achievement of the study conducted. The first concern is to issue more laws and regulations from legislation level. Secondly, it is critical to improve the content of current legal systems, including clarification of legislative purpose, setting up main principles of the object and scope of the insurance, fund raiser and allocation, the conditions and standards to receive pension benefits, and supplying the gap of transition from old pension system to the new one.