Research On The Legal System Of Social Endowment Insurance Of Peasants Without Land In China

In China,peasants without land belong to a special vulnerable group,which emerged in the speeding-up industrialization and urbanization,as well as ecological restoration, public construction continuing to strengthen.In the legal sense,it refers to the group without land,who loses land-based property rights,whose old-age security is also difficult to ensure due to the losing of land.In the limited existing pension system,seldom authors focus their perspectives on social law and related legal system to solve the problem of landless peasants.In social law and the framework of the legal system,to resolve the problem of landless peasants' endowment insurance is actually a social pension insurance legislating process.Because of the specificity and complexity of the social pension insurance of landless peasants,to find a perfect institution is not an easy task.As a result,to perfect the existing legal system,based on the adoption of new laws and administrative regulations, etc.,can not only deal with peasants,as well as pension and related issues arising from social conflicts better,but also promote the reform of the social security system,including planning of urban and rural development strategy for the implementation of far-reaching significance.In addition to the introduction and concluding remarks,this paper,based on the analysis of basic theory and objective practice,can be classified into five sections as followed.The first part gives a general definition of peasants without land,based on the legal rights and obligations of landless peasants,analyzes the loss of statutory rights of the peasants,states the progressive loss of property rights and the deprivation of political rights as well as the loss of weakening and disappearance of social rights,which sum up the legal definition of landless peasants.And from the land of the nature of the fight which the peasants lost,to emphasize the role of basic old-age protection for old-age home,the collective pension,social security in the form of three main types of pension be elaborated and clarified the importance of the social status of old-age security.The second part focuses on the value goals of jurisprudence on the legal system set up and the social function of the according social pension insurance system.It focus on the analysis of the relevant legal system values,such as justice,equity,efficiency,and stated that the value of some most basic goal one by one on the pension insurance peasants society in real terms in the legal system to ensure justice,the relationship between the coordination of benefits,and promote efficiency optimization,to maintain order and stability the role of jurisprudence,combined with China's special economic, political and social background,but also in implementation of urban and rural social security system effectively to promote the simultaneous development of urban and rural areas such as the emphasis of social pension insurance peasants legal system an important social function.The third part focus on the current national comparative study of some typical patterns of social old-age security,a more detailed description of the start and have some success earlier in Zhejiang,Shanghai,Shandong,the practical model of the three places, and the advantages of several models and made an objective evaluation of defects.At the summary of comparison,it found peasants the path and methods of setting up social pension insurance legal system to solve the basic problem and key aspect as well as a major obstacle of legislation,which is a revelation of a unified universal significance for social pension insurance legal system of application within the national scope.The fourth part marks out the framework of social pension insurance legal system on the macro aspect.The first is the establishment of the basic principles of law,it is necessary to take care of the specificity of groups of landless peasants,but also to reflect the general values of social pension insurance,this paper summarizes to four principles, that is the subsistence-based right,highlighting the right to development,government-led unity and shared responsibility,coordinating urban and rural areas and diversification of the same of sustainable livelihoods.Under the guidance of these principles,the paper assists to determine the basic law of social insurance as soon as possible,to fornmlate specialized social security laws of landless peasants and offers some suggestions to perfect relevant regulations.The fifth part focuses on the proposals for the specific design of the legal system of peasants' pension insurance.From a common path to cut in this paper proposes there must be some general provisions,such as the scope of legal application and legal liability,also there must be all aspects of the legal system involved social pension insurance after running up,to get a integrity of the legislation.From the actual perspective,the fund system plays the most important role.Therefore,the core of this legal system should be put on the legal systems of fund raising,fund operation and regulation of funds.