On The Government Responsibility For Rural Endowment Insurance In China

Rural old-age insurance is an important component of rural social security system in China. Old-age insurance in rural areas for the protection of the national basic livelihood of the farmers and the implementation of old age is an important social policy, Also a social security policy of the country. Despite the old-age insurance in rural areas more involved in learning aspects of social security, but the old-age insurance in rural areas of government responsibility and administrative indeed closely related. Chen Xinmin in the "Principles of administrative law in China, " a book that the payment administration (Service Administration) is a new type of modern administrative law, and its features is to provide the citizens "to survive to take care of." Here's "survival of care" concept emphasizes that government and other public administrative body must provide a variety of service measures, such as the establishment of proper public utilities, social relief, cultural and educational undertakings, the social insurance system, so that citizens in the clothing, food, shelter , line of life, work, education, etc., have received national service and the largest up to take care of. Rural old-age insurance, of course, is the "survival of care" as part of the Government to provide old-age insurance, the service measures are also "must". Modern administrative law requires the State to be active in providing welfare measures assume administrative behavior services for the benefit of the public's responsibility to guarantee the realization of this responsibility can not be a broad declaration of the contents of the text, but must be based on concrete and practical strict accountability above legal norms. At present, China's rural old-age insurance, the lack of effective government support for the fundamental reason is that the Government Accountability positioning is not clear. The lack of burden-sharing government at all levels to realize the ways and methods Tarn responsible for the content of the detailed breakdown, which makes the operation of rural endowment insurance system emerged in the course various problems and crises, such as protection of low capacity, large-scale surrender of funds to pay the difficulties and so on. To resolve these crises, the most fundamental right of way to be a clear division of responsibility of all levels of government and in the form of law will be finalized this responsibility model. Proceeding from this basic idea of this paper, in the country have been some theoretical research and practical experience based on the reference to foreign rural social endowment insurance system reform and theoretical study of the useful experience of China's rural social endowment insurance system for analysis.This paper begins by describing the first part of the rural old-age insurance and governmental responsibilities related to the meaning of the concept would be defined as the state old-age insurance in the form of legislation, regulations by the State, all kinds of rural collective organizations (including the rural collective economic organizations, township enterprises, schools, enterprises, etc. institutions) and individual farmers bear a certain proportion of old-age insurance tax obligations, in order to solve the farmer workers who meet the state labor obligations to the age limits, or loss of the ability to work due to old age to leave the labor posts, established the basic living a social insurance system. The term of the Government Accountability combination of different disciplines, much detail as possible to restore the rich connotation and denotation of the term, this old-age insurance in rural areas on the basis of governmental responsibility in defining the meaning of the word. Next, this paper argues that the Government in the rural old-age insurance in the theoretical basis for responsibility, through the quoting of social security, economics, administrative law, and many other subjects in the rural point of view to prove the government to assume responsibility for the need for old-age, and Sato's legal basis.The second part describes the old-age insurance system in China's Rural History and the present difficulties, summed up the current difficulties faced by the rural old-age three-fold: First, the rural community was faced with continuing pressure on the increased aging of the population. Second, the traditional pension model, such as family pension, land retirement, and so difficult to continue to be valid to continue. Third, the rights of the farmers the impact of external forces, crippled land ownership, inappropriate land transfer, the persistence of the household registration system to contain the transformation of the rural old-age model. The existing rural endowment insurance, then there exists such as the lack of national co-ordination, lack of capital value-added channel, the narrow scope of protection and many other less. In this paper, followed by the rural old-age insurance system to run the current reason for the difficulty there is a lack of social security legislation and the lack of standardized ideographic administrative accountability.The third part of the agricultural population with foreign pension insurance system, horizontal comparison, combined with a number of well-developed provinces and cities in the domestic advanced examples of attempts to explore China's rural pension insurance means the realization of governmental responsibility. That part of the agricultural population has taken on different distinction, according to remain in occupation of farmers, rural laborers, and farmers whose land is requisitioned the capacity of the provinces of different regulatory policies to the corresponding inductive generalization.The new rural endowment insurance system for the study is an extremely complex and ambitious project, not only because this issue relates to the field of administrative law by the unfamiliar, more importantly, its research methods and purpose of administrative law presented a challenge. Emerging social issues become more professional driving up administrative sub-systems theory in the position of administrative law doctrine, but pragmatism prevailed in the social environment, the convergence of other disciplines, issue-specific measures of research methods are also increasingly common.