The China Social Security Legislates To Lack The Reason And Countermeasure To Analyse At The Present Stage

Social harmonious development demands a better-off social security legal system to support. According to the developed countries' experience, healthy social security legislation is not only the basis of constructing an integrated legal system, but also a strong backing for the development of social security institution. However, In China, the absence of social security legislation is currently holding back smoothly shaping up the social security system. Hence, It is necessary to explore the underlying reason of the absence of the social security system and then adopt effective countermeasures to solve it.The paper analyzes the problem by using the systematic analysis, historical perspective, and comparative method. It concludes that the present absence of social security legislation results from effects of multi-factors. Therefore, the social security legislation should not only conform to the rule of general legislation, but also take the particular factors of the Chinese social security legislation into account. It is the exclusive and effective way to transform the situation that Chinese social security legislation is greatly lagging behind western counterparts.In the current phase, the absence of Chinese social security legislation is reflected on both the content level and surface level. From the law perspective, the realistic national situation, benefit coordinating, legislation system, and legislative techniques are imposing restricting influence. From the angle of economics, complicated content of social security relationship determines that based on adjusting it, the social security legislation should be a giant project; that the urban-rural dualistic structure, the huge socially transitional impact and the existing predicament of social security reform make the integration of social security legislation tough to be realized. In spite of multi-difficulties, Chinese social security legislation requires a breakthrough against various obstacles. Only through comprehensively improving the situation of the absence of social security legislation, the social sustainable development can be ultimately achieved.