A Study On The Legal System Of Old - Age Security For Landless Peasants In China

Expanding the scale of land acquisition is a symbol of the vigorous development ofChina’s national economy and acceleration of the integration of urban and rural areas, whichalso symbolizes that a lot of farmers are losing land. Urbanization process will inevitablyproduce a large number of landless peasants, which has been a widespread social phenomenon.The landless farmer won’t be an obstacle for the social development themselves, but if theycan’t be compensated and rest properly, they could undermine the development and. Socialharmony. Lands for farmers are places rested their livelihood and rights. Once confiscated, allthings they rely on will be gone. Because they are defective, laws and regulations for landacquisition cannot guarantee sufficient landless farmers reasonable compensation. If theycannot be employed and cannot enjoy the same social security rights as residents in cities,what’s more, cannot have the basic level of old-age security, landless peasants cannot get agood assurance for their legal rights. As a result, because of the insufficient protection of theirrights and benefit, they will inevitably be a problem affecting the stability of society and theurbanization.Although, in February7,2014, the State Council put forward new policy, a protection forlandless farmers’ rights and benefits to some extent, in which integrate the endowmentinsurance in rural and urban area to establish one system for endowment insurance, won’t be afundamental solution for them to enjoy the same as cities residents. China’s urban residents andfamers joining the new rural pension insurance program receive per capita annual pension ofabout880yuan,73yuan per month on average, and the level of social endowment insurance forurban residents is a little higher than rural residents. Obviously, this does cannot meet the needsof farmers in basic pension, especially for disadvantaged groups in rural area. To achieve theintegration of urban and rural pension insurance system and for equality, the most fundamentalis to bridge the gap between new insurance program in rural area and that in the city. But thereare differences between systems in design and protection, and there are no legal systems toachieve good operation. Landless farmers need a whole package of legal systems to ensure theirrights and benefits. Therefore, the purposes of this article are to protect the legitimate rights and interests oflandless peasants, the disadvantaged group, by analyzing the rights they should have, to discussthe necessity and value of protecting their rights, and to settle on establishing and improving thelegal system, especially endowment insurance for the protection and realization of citizens’rights, and for the stability of the development of urban and rural areas in China.