Study Of The Legal System Of China's Farmers' Social Endowment Insurance

Benefit balance is an external theme of human developmenthistory. Economic law as a law of social standard should undertakethe assignment of benefit balance. Right of maintain and developexistence is every persons' right as a man, and old-age insurance isa kind of right rather than a kind of bestow favors made by thegovernment to the farmers, they should enjoy their "nationaltreatment". However, farmers in our country always be allowed toenjoy little security right, and this has been paid close attention bythe Party and our government for claiming the theory aboutestablishment new countryside in the Eleventh Five-year NationalEconomic and Social Development Plan, and the theory aboutestablishment new countryside will bring more fresh air for thelegal system on farmer's old-age social insurance. This paper aimsat the problem about how to create the legal system on farmer'sold-age social insurance new from the angle of the principle ofbenefit balance. There are four parts in this paper:Part One—Probe into the essence resource of the legal systemon farmer's old-age social insurance. In this part the authorintroduces the general theory of the legal system on farmer'sold-age social insurance. Among this part retrospect the history ofthe legal system on farmer's old-age social insurance in the westerncountry and China at first, and thereby to establish the logic start forfurther discussion. Secondly, it is to narrate the basic meaning todefine the relevant important concept before furtheranalyzing. Thirdly, from the angle of the theoretical researches,ponder deeply over the nature of the legal system on farmer'sold-age social insurance to give reasonable status in legal system ofsocial security. Part two—Analysis on the principle of benefit balance of thelegal system on farmer's old-age social insurance. In this part, it isto expound detailed analysis on the legal system on farmer's old-agesocial insurance from multilateral views to give it not onlyeconomic analysis but also ethics analysis and legal analysis as atheory for the legal system, and the author claims that charitablenotion is the spirit aim of the legal system on farmer's old-agesocial insurance, fairness and justice is the values Of it and theold-age security is their natural right to the Chinese farmers.Part three—Review the present conditions of the legal system onfarmer's old-age social insurance. This part is an emphasis of thedissertation, firstly, introduces that there are two major kinds ofbenefit unbalance about the legal system on farmer's old-age socialinsurance in China, one is the benefit unbalance between theresidents of the city and the residents of the rural area because ofimpartial policy, little finance supporting and the institutionaldiscrimination on the farmers. The other is the benefit unbalancebetween the legal system on farmer's old-age social insurance andthe establishment of the new countryside. Secondly, this article hasgive a multi-angle review of the reasons of the benefit unbalanceabout the legal system on farmer's old-age social insurance, the firstcause is the benefit unbalance on economic structure, the secondone is the benefit unbalance on policy making, the third one is thebenefit unbalance on ideology and thinking, and the fourth one isthe benefit unbalance on Act promulgation.Part four—the advancement of the legal system on farmersold-age social insurance. This part is another emphasis of this paper.What should be pointed out is that the argumentation on the securityfoundation of land for farmers is unanimous basically traditionallywith security law scholars. Which expounds the fact is in thisconsideration, namely scholars move simply this concept to the security foundation of land for farmers, make people thinking bymistake that it is only the family can give the old-age farmers theirold-age security, but the government and the social have no duties tofarmers security right. This text has defined that it is the duty ownednot only by the family members but also by the government and thesocial to security farmers' social insurance right. And then presentthe point that the legal system on farmers old-age social insurancemust create a new way: At first, the author claims that we can chosea new "three pillars" mode; and then arises that we may carry outmultilevel system of old-age insurance; meanwhile, in this paper theauthor also sets forth the ways of how to collection the old-agefound for the farmers in China.