| "Social Security" comes from the word "Social Security", German academic Erhard defined social security as: social security system provides the basic livelihood guarantee for the people who is due to illness, disability, old age and other factors of loss of the ability to work or the result of accidents that can not participate in the market competitors and their families .The purpose is to make an opportunity for engage in competition by offering security. The Social Security Act is legal system of social security. It's the sum of legal norms which will work out when people is illness, old age or disease and lose their ability to work or can't engage competition cause suffering accident, in order to guarantee the basic livelihood of the members of the community needs and constantly raise their standard of living, as well as solving some special difficulties in the lives of social groups so as to regain the opportunity to participate in the competition of economic assistance.Germany is first country in the world which implement national social security system, and also is the most perfect social security system in the world. Germany's social security system was established in the 1880s. King William I announced that "maximum protection for people in need of help" in the notice based on the advise of Bismarck in 1881 and cleared that it is based on Christian moral foundation of the nation's highest mission. Workers Medical Insurance Law in 1883, Accident Insurance Law in 1884 and Endowment Insurance Act in 1889 made Germany became the first country of world which established a broad social insurance. Germany aggregated all kinds of social regulations and promulgated the in 1975, which is the legal basis of German social security system. Germany established long-term care insurance and put it into in 1995. 100 years of reforming and development in Germany proved the superiority of the social security system and played a very good role model for other countries. German social security legal system was comprised by social insurance, social compensation, social relief, social promotion and the social insurance is its core areas. Compensation also known as social care, it refers primarily to citizens suffered health damage, the state should assume responsibility and provide compensation situation. Social relief mission is not only to those who can not help themselves unable to get help from third parties to provide distress of living with a kind of human dignity subsidies. Social promotion is the recent formation of a field of social security, including Paid training grants, child grants and education grants, and so forth. This article mainly discusses the social insurance legal system especially the pension insurance in the view of social insurance law when described the content of Germany Social Security Act.German legal system of social security has its unique advantages, and there are lots of home and abroad academic studies. But introducing either from a macro perspective to sort out its history, or from the micro perspective on their specific contents. This article choses the most typical perspective of social insurance to start with, and analyses the advantage and disadvantage of German social security law, finally discusses the influence to the establishment of China social security systemThis article is mainly divided into five parts:Reply of the article analyses several important concept of "social security" and "social protection of the legal system" and "the social security system" and points out the relationship of "social security system." and "social protection of the legal system". In addition, the social security law, which defines the nature of the system - the scope of social law.The first part of the German social security system firstly outlined the German legal system of social security and the formation and development characteristics . And analysis of the modern social security law in Germany have reasons. 1349 Edward III, the United Kingdom implementation of the "Poor Law," indicating the Social Security Act in the United Kingdom infancy. But the real significance of a modern legal system of social security first appeared in Germany. Bismarck's social insurance legislation during the opening of the social insurance law the source of large-scale social security legislation is a starting point. On the German legal system of social security and development of a major in two phases description: Bismarck period and the period of post-war Federal Republic of Germany. Meanwhile stating that Germany establish such advanced and unique social security system with its deep political, economic, social theory and traditional factors.The second part is the content of German social insurance legal system. German social msurance is the most basic legal systems of social security, the core content, the social security system and the core of the social security management, which includes pension, health, accident, unemployment and five nursing plate, in the light of the complexity of content, the paper only focus Introduction of the pension insurance of other parts only briefly mentioned. In the old-age insurance part of its structure, the insured category, access to the treatment of pension insurance conditions, the type of pension, insurance and the mode of payment and the pension insurance payment standards followed by the "priority rehabilitation" of the principles expounded.The third part is the reference of German legal system of social security for our country . Firstly pointed out that Germany's Social Security Law after 100 years of development and perfection, that other countries can not match the advantages, there are also certain deficiencies. Second, a brief on the country's social security system status, analysis of the problems that exist. Finally, in Germany the Social Security Act as a reference, China's social security system by building a few ideas: Adherence to statutory social security system, system, the establishment of a social protection of the legal system should be the level of economic development, we should give prominence to key points, step by step, to admission is now predominantly pay part of the budget and accumulation of funds for the combined modes of financing, the establishment of an efficient, low-cost operation of the social security institutions and the strict management of various kinds of insurance.The last part of this article mainly summarizes the whole article's content and viewpoint, sums up the German social security and the development of the legal system, reiterates pros and cons of the German social security system, describes the inspiration of German legal system of social security for the establishment of China security system: accelerating the pace of legislation, establishing a perfect social security legal system as soon as possible. This article also emphasizes that the choice of China's social security legislation the path of development, learn from Germany some effective technical and legislative success specific systems, and select the essence to discard the dross at the same time, we have to combine China's national conditions, step by step, and take the road of development with Chinese characteristics. |
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