Study Of The Landless Peasants Of Old-age Insurance Legislation

With China's rapid economic development, urbanization, industrialization, accelerating the process of a large number of land has been requisitioned to meet the economic and social development needs, resulting in a large number of farmers lost their land. At present, China's monetary settlement with most of the way, local government pension although landless peasants have been many attempts to explore a series of useful, but because there is no one national laws and regulations, and therefore can not fundamentally solve them difficulties, landless peasants pension rights have not been real protection, social equity has not been fully reflected, we can say the peasants in the establishment of a national old-age insurance law is imperative.In the legal sense, refers to the landless peasants losing their land and lost their land-based property rights arising from a series of related rights, special legal entity, its protection of rights in this series of pension rights during the loss is difficult to ensure. A large number of landless peasants in the solution of the problem of existing pension systems and measures, few thought the legal system is based on perspective. Peasants whose land has the particularity of the social old-age insurance and the complexity of the decision of the landless peasants the legal system of social old-age insurance is not an easy thing to establish, but in recent years introduced or consulted with the relevant provisions, it is only transitional provisions did not address the root causes of landless peasants, "sense of security" issue. Landless peasants can be said is actually the old-age insurance old-age insurance, landless peasants the legal system building process. Therefore, improving the basis of the existing legal system, through the development of new laws and administrative regulations, etc., not only to deal with pension and related issues of landless peasants and the consequent social conflicts, but also to build a harmonious society is of great significance.This first part of the landless farmers and landless peasants on the old-age insurance for the legal definition, as landless peasants are a special class of people, the definition of their legal right to carry out on the old-age insurance system for landless peasants to build, has far-reaching significance, but also for its laid a solid theoretical foundation; second part of this stage, the status of landless peasants-cum-old-age insurance problems, particularly on the root causes of problems from a legal point of view in-depth analysis on China's old-age insurance system for the establishment of landless peasants the necessity and feasibility of a full discussion; third part of the proposed old-age insurance system for landless peasants to build legislative principles, legislative structure, and landless peasants to participate in old-age range, landless peasants financing old-age insurance payment channels, landless peasants old-age insurance payment issuance and supervision and management according to law, as well as the responsibility of the principal should bear the legal obligations, in particular a clear focus on the government, collective and individual aspects of the tripartite obligations comprehensive design, forming a theoretical system, the establishment of landless peasants of China's old-age insurance system provides a reference.It can be said of the landless peasants of old-age insurance, legal issues is not only economic benefits, but primarily to be able to generate positive social effects on social equity, maintaining social harmony and stability, maintain synchronous development of economic and social reality has far-reaching significance. Innovations of this article is to jurisprudence perspective, the use of legal theory to look at landless farmers, landless peasants look at old-age insurance legislation of the building.