Research On Legislation Of The New Rural Pension Insurance System

Rural pension insurance system is an important part of China’s social security system, it has important and far-reaching meaning in deepening rural reform, in protecting farmers’ interests, in lifting farmers’worries, in promoting rural economic development,and in promoting social stability. Since 2009, the State Council has promulgated The Pilot Work Guidance of New Rural Pension Insurance, the new rural pension insurance system developed fast, and it will cover the whole country in 2012. But in this stage, we still rely on the policies to guide related works, and lack of specific laws, which makes many problems in practice. So the legislation is in urgent demand. This essay aims to research the legislation of the new rural pension insurance system, and hopes to benefit practice. This essay is divided into 5 parts, consisting of 30,000 words.Part I:The basic legislation theory of the new rural pension insurance system. In this section, based on elaborating the development process and the implementation status, and on generalizing the shortages, I analyzed the importance of legislation.Part II:The legislative style and basic principles of the new rural pension insurance. This section analyzed the style and basic principles of legislation. For legislative style, because of the reality of the dual economic structure between urban and rural in our country, there is a larger gap in living standard between urban residents and rural residents, we can’t making social pension insurance system in unify, we should make specific laws for the new rural pension insurance system. For basic legislative principles, the State Council’s guidance offered some ideas; we should allowed the principles of "basically, inclusive, flexible and sustainable" to make laws.Part III:the management system of the new rural pension insurance system. In this section the author pointed out the problems in management, such as low levels of overall planning, various management of insurance agencies, expansion of agencies and staffing in townships, unclear distribution of responsibilities, we should solve these problems by legislation, so as to re-allocate the agencies’responsibilities, to clear the responsibilities between administrative organizations, investment institutions, and operational institutions, as well as the responsibilities of institutions between central government, provinces, municipalities, countries, and townships, to ensure that the system operate efficiently and orderly.Part IV:the basic content of the new rural pension insurance legislation. In view of that the system has been implemented for several years, some areas have established some representative models; the author learned some works from the existing regulations and policies, and summed up the practical experiences, make some suggestions on the scope of application, raising of fund, management of fund, legal responsibilities and so on, and try to draft some relevant legal provisions.