On The Perfection Of The Legal System Of China's Rural Social Pension Insurance

At present, China's old persons at sixty years old and above dependence retirement gold life, mainly in urban areas, the majority of older persons in rural areas, mainly by "family retirement" and "collective retirement" to sustain their living. This retirement way is a continuation of the old-age retirement for thousands of years the traditional way, yet a big change. But in recent years, urban-rural dual structure, rural land retirement and family retirement functions weakness, that makes the rural old-age problem has become highlighted, which seriously affected the rural development and socialist harmony. The countryside old person has offered for the socialism for a lifetime, but they can not enjoy a happy old age, it is not only inconsistent with the principle of equity, it is not respect for human rights performance, either. As an important part of social insurance old-age insurance in rural areas of the implementation and operation becomes increasingly important, and the law is all the systems and policies can the benign movement powerful safeguard, but also one of national reponsibility performance. Country not only need from fact solve the problem of poverty of farmers, should cause the farmer and the township dwellers through the concrete legal regime has the equal standing materially. If the constitution is the formal recognition of social security rights of citizens, then the establishment of a specific legal system of rural social endowment insurance, it is the practice of the states that everyone is equal before the law, the constitutional promise of necessary measures. Therefore the establishment of rural social endowment insurance, the legal system to protect the lives of rural elderly is a serious problem.This paper is divided into five main parts:The first part, in related concepts foundation, has limited the rural community old-age insurance system and the rural community old-age insurance legal regime; The second part, mainly reviewed the rural community old-age insurance legal regime's historic course and the present situation, sees the countryside old-age insurance legal regime's flaw; The third part, analyzed of China's rural social old-age insurance problems in the legal system, and from the economy, politics, and the social aspects carries on the through analysis to the question reason; Part IV, in the foregoing basis, contact the actual situation of China's rural society and rural population trends at home and abroad, analyzes the establishment of rural social old-age insurance in China's legal system the necessity and feasibility;Part V, combined with the basic national conditions of China at the present stage, from the legislative principles and mode selection, the right of China's rural social endowment insurance system for the improvement of the law put forward d their point of view, and thus provoke thinking.When the original program of rural old-age insurance system can not play its due role in the protection, the law-makers should re-establish old-age security in rural areas with suitable institutional system. This article from the legal science unique angle of view, studies the countryside old-age insurance and the related question and proposed that own viewpoint, resolve for the countryside and even the social security legal regime's consummation completely one's pygmy effort.