Study On The Legislation For Rural Social Endowment Insurance Of Our Country

Since the middle term of 1980s, China's market economic system has developed in depth. At the same time, the aging pressure of the rural population grows day by day. The negative effects of the market economy gradually deteriorates the safeguard function of land, the birth control policy attenuates the safeguard function of rural family and the household contract system of cultivating land degenerates the collective economies in overwhelming majority area in China. The original trigonometric system, constituted by family, land and village, is disintegrating gradually.In the new situation, the importance of rural social endowment insurance is becoming increasingly prominent, the rural social endowment insurance system is gradually developed. The old and new rural social endowment insurance has a variety of serious problems in the advancement and urgently calls for the rural social endowment insurance law introduced.This article carries on the quite clear historical inspection, the present situation analysis and the international comparison on the rural social endowment insurance system following the time and logical clues.Then it puts forward legislative suggestion on China's rural social endowment insurance.First, this article makes the sharp contrast between the old and new rural social endowment insurance, analyzes remarkable progress of the new Rural Social Endowment Insurance.The article points out the China's new rural social endowment insurance is able to obtain the remarkable achievements, such as sustainable development, broad coverage, strong portability. The China's new rural social endowment insurance also has some deficiencies,,such as lacking of legal support, being deficient in stability and continuity, locally and separately administering, preserving and value-adding of insurance fund difficultly, managing and supervising insufficiently.Second, this article persists in the Marxist universal relation viewpoint, discusses thoroughly the success and failure of the Working Staff for the Government Organizations and Institutions and Urban Enterprise Employee Pension Insurance System, promulgates its bright path dependence. The new rural social endowment insurance both absorbs the experiences of basic pension insurance for enterprise employees and learn from its scientific design and successful practices, thereby maintain the uniformity of the basic institutional framework.Third, China rural social endowment insurance law have to insist on the scientific development concept, the socialist idea of government by law, the right standard legislation idea, preserve the combination of being justice-orientated and efficiency-orientated in order to safeguard individual existence and social stability and promote economic development and human's full development. The delivery level of rural social insurance must be adaped to the level of social and economic development. All persons farely share the achievements of socio-economic development. The Chinese rural social endowment insurance law emphasizes the government's responsibility.Fourth, in view of the present malpractice of being empty, the article has carried on a series of specific and detailed theoretical exploration and innovation in the system design. The financial mechanism of China's rural social insurance funds should adopt the combination of social pooling and individual account. The State makes efforts to improve the pooling of endowment insurance funds to a national level as instant as possible.The fund collection duty is fulfilled by the Central authority, the Local authorities, the collective organizes, the farmers.