Legislative Study Of Migrant Workers' Pension Insurance

According to statistics, the number of migrant workers in China has exceeded 250 million and migrant workers have become a huge social groups. It is undeniable that migrant workers are the major force of China's modernization drive and they have contributed the tremendous strength for our country's modernization. But with the the tremendous contributions of migrant workers made a sharp contrast to the various rights and interests of migrant workers are subject to different degrees of neglect, so that migrant workers has been one of our community's largest vulnerable groups. Whether from the angle of protecting the human rights of migrant workers or from the angle of safeguarding national stability and development perspective, speeding up the building of the migrant workers' social security have become much more important. By the way, because of the ageing of our society gradually coming,the pension issue of migrant workers is urgent and need legislation to protect the migrant workers' pension insurance system. This paper is to put forward the proposal for the migrant workers' pension insurance legislation,which on the basis of the analysis of the problem of migrant workers' pension insurance and through relevant experience of foreign pension insurance legislation.This paper is divided into four parts and the abstract is as the followings:The first part introduced related situation of the migrant workers and the migrant workers' pension insurance. About the migrant workers, the author first analysised their concept, classification and characteristics ,then introduced the background of the emergence of migrant workers and the huge influence which migrant workers produce to the economy and the society. About migrant workers' pension insurance, the author first introduced the concept of migrant workers' pension insurance and the development of migrant workers' pension insurance in our country, then analysised that the migrant workers' pension insurance is different from the cities' staff' pension insurance and rural pension insurance ,eventually did the necessary analysis for establishment of migrant workers' pension insurance. The second part mainly introduced the status Quo and problems of migrant workers' pension insurance. First the author introduced the present migrant workers' pension insurance legislation ,which include national and local legislation, then introduced the various problems encountered in the establishment of migrant workers' pension insurance system ,such as the low insured rate and the high rate of withdrawal insures, finally did a more detailed analysis of the reasons for these problems .The third part mainly has carried on the introduction to the situation of foreign pension insurance legislation situation and their pension insurance system, introduced with emphasis English, German, American and Singapore's pension insurance legislation, then summarized the enlightenment which the foreign pension insurance legislation produces to our country's migrant workers' pension insurance legislation.The fourth part is the key part of this paper, it is about legislative suggestion which the author proposed to the pension insurance system for migrant workers.First proposed the legal idea of migrant workers' pension insurance legislation, including the human rights idea, the social justice idea, the social standard idea, which has provided the theory basis for the migrant workers' pension insurance legislation.Then established the goal of migrant workers' pension insurance legislation, which divided into the lowest goal, the medium goal and the highest goal .Finally proposed to the migrant workers' pension insurance system design some concrete suggestions.The author thought, it should establish the nationwide migrant workers' pension insurance system which may shift, can continue meets, in the aspect of system arrangement should for the migrant workers establish individual account to carry on the classified management to the migrant workers, in the aspect of coordinated sets of measures must carry on the function conformity to the related system.