Legal System Construction Of Social Endowment Insurance In Rural Area Of China

The rural social endowment insurance(RSEI) is an important part of China's social security system.The construction of the legal system for RSEI is not only a necessity in protecting peasants' fundamental rights and realizing social justice in China,but also plays an important role in reforming and improving the social security system,which is of great historical and practical significance.Firstly an analysis on the legal system for RSEI in China is conducted, showing that the construction of such a system is necessary in protecting human rights,realizing social justice and improving the legal system of social security.Besides,the basic rights and obligations of each main part among legal relations of RSEI are made clear.After that,some shortcomings of the current legal system for RSEI are analyzed deeply, including low legislative level,avoiding government's financial responsibility,unreasonable financing methods and accounts modes,poor ability in preserving and increasing funds,and a serious loss of funds,etc. A lot of difficulties are encountered in the implementation of the legal system due to the shortcomings mentioned above,even making the RSEI in great trouble for a time.Therefore,the reconstruction of the legal system for RSEI is absolutely necessary,of which the feasibility is demonstrated in four aspects,namely legal environment,economic conditions,political timing and practical experiences.A concept to reconstruct the legal system for RSEI in two aspects, including "law-making" and "law enforcement",is proposed based on the rethinking of the current legal system for RSEI,together with practical experiences abroad.As for the "law-making",some proposals are put forward on the basic principles and general concept in legislation of RSEI law,as well as the improvement of other related laws.The government's financial responsibility in legislation is emphasized specially,and a multi-channel funding system led by government should be built.In respect of "law enforcement",a program for RSEI law must be developed "according to local conditions and variance from person to person". Besides,a monitoring system for RSEI fund and Operating system in preserving and increasing the fund should be built.The "according to local conditions" means that a "full accumulation" system can be chosen in relatively developed eastern areas,while a "large account,small manpower" system in less-developed central and western regions.As far as "according to variance from person to person",the "Jiaxing" mode for peasants without land in Zhejiang province can be referred in developed areas,while "Wudang" mode may be popularized in less developed regions.To construct a nationwide social endowment insurance system for migrant workers,a unified personal account information management system should be built.