The Confusion And Choices Of Endowment Insurance System For Peasant Workers

The peasant workers continually develop and expand into a particular social group. They have made great achievements to the construction of China's industrialization, urbanization and modernization and also made tremendous contributions to create immeasurable wealth under a work environment which is very abnormal and the circumstances which are very unfavorable. But the issue of the endowment insurance of peasant workers, which relate to the contemporary social harmony and the people's livelihood, has not been given the satisfactory way of solution. This thesis gives profound dialysis to the deep-seated hot issues during the whole course of the confusion and choices of the endowment insurance system construction for peasant workers.Based on the actual situation in China, the characteristics in peasant workers themselves and relevant laws and regulations, combined with multiple academic point of view, through the analysis and judgment to the problems in practice and get the deeper reasons. Considering the above aspects as the basis, I attempted to establish a more suitable and much better model of the legal system for peasant workers, and to improve relevant policies and measures.The full text consists five parts.The first part is the introduction. In this section I mainly introduced the origin of writing this thesis, the core of the problem, the purpose of the research and some simple clues. The group of the peasant workers is a special group in the construction of China's modernization, they have made tremendous achievement in building both rural and urban developments, and they also have made a decisive role in the whole course. But so far, problems of the peasant workers'endowment insurance have not been solved in a good way, for this reason, this paper mainly on the two aspects—the legislation aspect and the social issues aspect—of the endowment insurance of peasant workers I made some introduction and analysis, and pointed out that the sound direction to the construction of the endowment insurance system of the peasant workers in order to making some constructive suggestions and comments for the future construction. The main structure of this thesis is"overall—part"style, and the details are as follows: The first chapter betrays the outlines of the thesis, explains the meaning of the construction of the endowment insurance system for peasant workers, and leads to the reason of studying it, and the next two chapters are from the legislative level and social measures level to introduce the realities, the advantages and disadvantages of the construction of the endowment insurance of the peasant workers and put forward a sound direction.The second part mainly introduces the significances of the endowment insurance system construction for peasant workers. In this section, firstly, I introduced the legislative significances of the construction of endowment insurance system, including that the system construction shows the legislative goals of the"Social Security Act", and reflects the legislative purpose, the regulation of the economic law on the role of market players, and it helps to maintain the basic rights of the peasant workers and is conducive to improving China's legal system; Secondly, the paper introduces the social significance of the construction of the endowment insurance of the peasant workers, including the building of the institution is good to preserve the normal order of the social life, and is good to reverse the discriminatory treatment on the peasant workers and will be beneficial to any social security agency's working efficiency and will be beneficial to incentive the peasant workers to participate in the endowment insurance.The third part mainly introduces the legislative status of the endowment insurance system for the peasant workers and the analysis over it. In this section, firstly, I introduced the details of the exploration and results of some provinces of China. In many parts of China, by seriously considering the basis of their local characteristics of the peasant workers, the local government developed a series of laws relating to the endowment insurance of the peasant workers in order to provide a new path of choice to solve the peasant workers'endowment insurance problems; secondly, I introduced the country based on the practice of many local areas'exploration and many in-depth analysis of the peasant workers'endowment insurance system, a series of institutional barriers and deficiencies, targeted by legislation to provide a solution of these problems, and"the Act of the Peasant Workers'Participating in the Basic Endowment Insurance"entered into force on January 1st, 2010. At last, I gave some recommendations on the legislation improving for the future, basing on the above analysis and summery of the legislation of the local and our country.The fourth part is mainly about the legislative analysis of the construction of the endowment insurance system for the peasant workers. In this section, I set a hot phenomenon of social existence"land for endowment insurance"measure for example, through the legal analysis of the feasibility of the measure, come to the problems of the measure and use it as an entry point, from specific to general, finding the overall construction of the endowment insurance system for peasant workers in improving the course. In this chapter, I firstly introduced the legislative basis and the content of the"land for endowment insurance"measures. The regulations in"the Constitution","the Land Management Law"and"the Property Law"is the legislative basis of the origin of the measure, and the meaning of the"land for endowment insurance"measure provides a basis for operation; Secondly, I made some analysis on"land for endowment insurance"over the advantages and disadvantages of the measure. The"land for endowment insurance"measure is conducive to land gathering appropriately, the measure is conducive to the formation of scale management, the"land for endowment insurance"measure is conducive to improving China's social security system and is conducive to reduce the pressure of land transfer reform, the"land for endowment insurance"measure helps to speed up China's urbanization process and to some extent, it can alleviate the current labor-intensive enterprises'"labor shortage"dilemma. The"land for endowment insurance"measure is a double-edged sword, including both advantages and disadvantages. The standard of its compensation is low, which can not guarantee the basic livelihood of the peasant workers, the measure will lead the landless peasants to a lack of land protection, which is not conducive to the social stability, the measure weakens the responsibilities of the government and the measure, at this stage, is not conducive to accomplishing the urban and rural development tasks, the measure will lead to the local governments affect the monopoly of the management right of the land, to affect the economic interests of the peasant workers, the measure also limits the autonomy of choice and have other defects. Through the evaluation of the"land for endowment insurance"measure's pros and cons, I believe that the"land for endowment insurance"measure should not be introduced or be promoted; At last, through the legislative analysis of the"land for endowment insurance"measure, I come to the design clues of the social measure of the endowment insurance of the peasant workers.The fifth part is the conclusion part of this thesis. In this section I made some conclusion of the main parts of the paper and introduced the focus point of the analysis and the defects of the research. There is much confusion during the whole course of the construction of the endowment insurance of the peasant workers. This thesis mainly introduced the confusion in the course of the legislation of the construction of the endowment insurance and the course of the design of the social measures and their improvement direction.Beside discussing the key points in the thesis, the thesis also gives some deep analyses and explanations over the hot points, such as the current"peasant labor shortage"phenomenon, its reason for appearing and its enormous obstacles to the labor-intensive enterprises; the new event of the"new generation of the peasant workers", the conception of the"new generation of the peasant workers", its characteristics and the requirements on the endowment insurance system of the new group.Farmers turn to industries and urban areas, and at last turn into the citizens is the inevitable product of the course of China's promoting industrialization and urbanization. Along with the disintegration of the dual economic structure in China, the realization of the industrialization and urbanization, the gradually decreasing of the gap between urban and rural and the gap between workers and peasants, the problem of endowment insurance of peasant workers will eventually disappear. However, we must recognize that the final solution to the issue must need an extremely difficult and truly lengthy process.