A Study On China's Social Security Legislation

Social Security as a social system, which must be to implement mandatory based on laws and regulations, otherwise, the operation will lose its own social security protection. Social Security between the social security law is a close link, looked from the social security developing process, all major western developed countries with continuous development and improvement of the social security legislation to strengthen the building of the social security system and development. The society legal system must adapt to the level of socioeconomic development, it is an inevitable requirement for the economic base determines the superstructure, is the historical rule of various countries social security legislative work.This thesis through to the social security law basic essential factor analysis, has discussed our country some questions which in the social security system establishment process has appeared, then in reviews western main developed country such as the England, Germany, US social security system developing process, has been clear about the vital role which the social security law plays, analyzes the establishment above this foundation to have the Chinese characteristic our country social security legal framework ,principle, the direction and the design choice. The thesis divided into four parts:Part one introduced the definition, content, characteristic, function of the social security law, clear out the social security law's fundamental elements.Part two introduced the main problems in the social security law system of China., The social security law system is not perfect, but also has not formed the integrity system legal framework; The existing social security laws and regulations legislation level is low, lacks the higher legal effect and the essential legal liability system; The social security laws and regulations implementation mechanism and the supervision system are weak; Is short of legal standard which adapts with the World Trade Organization's social security rule.The third part introduced the overseas social security law basic experience, mainly is the elaboration in England, Germany, US and so on in the main western developed country social security system developing process, the social security law played an important role in supporting and stability regarding the perfect establishment of social security system.The fourth part introduced the our country social security legal framework perfect way, mainly is our country social security legal framework legislation principle; Our country social security legal framework legislation direction; China social security legal framework design.This article's innovation lies in analyzing the close relations between western main developed country social security system and the social security law, proposed a quite completely constructs to have the Chinese characteristic the social security legal framework design proposal, for later our country social security system unceasing consummation and the development,, enhances the lives of the people safeguard, the construction harmonious society has provided some references.