The Legal System Investigation Of Our Country Social Pension Insurance In The Countryside

The Seventeenth National Congress of the Communist Party of China requires usto build the social security system covering both urban and rural residents. InDecember2011, the central economic work conference is held in Beijing. It says thatwe should achieve a new type of rural social endowment insurance system coveringthe whole in2012. As a kind of compulsory system design, plus the lowercomprehensive quality of farmers, rural society endowment insurance relies on lawmuch more. Therefore, our country should set up the legal system of the rural societyendowment insurance as an important task in the Legal System Construction in China.The legal system of our country social pension insurance in the countryside is toshow that our country regulates the scope of rural society endowment insurance, theage limit of the insurance object, the management and rising of insurance fund bylegal form regulation system. The legal system of our country social pensioninsurance in the countryside is to solve the peasant risk for old, and to realize thesocial resources redistribution law system. It is a basic human rights system forsafeguard farmers’ right to existence and development, which is the importantembodiment of legal socialization. It is an important means to achieve farmers’ benefitmaximization. And also it is a requirement of realizing fair justice and the need ofharmonious society.Because of the weakening of domestic security function and land endowmentfunction, plus an aging population, the traditional endowment way can’t meet theneeds of the rural pension. Therefore, we must establish and improve the quality ofthe system of rural society endowment insurance and fasten the pace. However, theexisting rural social endowment system exposed many problems, including coverage,low level of security narrow, management confusion and countries and the collectiveto the support of capital inadequate, plus legislation level lags behind economic andsocial development level, the local legislation uneven, law general, so poor, lack of mandatory, legal supervision mechanism imperfect, and so on. These problems makethe government face a great challenge in the process of the implementation of thelegal system of our country social pension insurance in our countryside.At present, it is feasible to build the system of rural endowment insurance inChina. It is because that the state pays much more attention to the new type of ruralsocial endowment insurance system of the construction and has enough financialsupport ability. The rural collective economic organizations have insurance capacityincreased significantly. And farmers’ ideas have changed obviously. The per capita netincome of farmers has been raised, which provides certain economic base for theestablishment of rural society endowment insurance.Foreign rural social endowment insurance in the implementation process hasmany successful experiences, such as Germany, Japan, and France. The threecountries’ rural social endowment insurance systems are relatively perfect, which areimportant for us to reference. German farmers manage pension fund through theirown efforts, reflecting the greater autonomy; Japan carries out the multi-level old-ageinsurance system, embodying the fairness principle; The French law has made therules on Farmers’ insurance, financing, payment, fund management, legal supervisionand other aspects in detail. Their successful experience tells us that theimplementation of the legal system of our country social pension insurance in thecountryside requires a comprehensive legal system. It also needs to strengthen theresponsibility of the government, following the security level principle. And it isnecessary to establish the perfect endowment insurance law supervision mechanism inorder to establish the specialized rural social pension insurance mechanism.We should follow the principle of the protestation of farmers’ equal mandatoryfor the old-age right principle, the repetition of the principle of the reality, theprinciple of unification of rights and obligations and the principle of sustainabledevelopment in the process of building the legal system of our country social pensioninsurance in our countryside. And we should consider the present situation tostrengthen legislation. In legislation, we should combine with China’s specificnational conditions to perfect the legislation system and strengthen the legislative authority. So we should make the rural endowment insurance law as soon as possible.In the legislative process, attention should be paid to the legal content rationality andoperability. And it is also important to fully consider the different needs of differenttype farmer and region economy difference to establish suitable for all groups,multi-level rural social endowment insurance system. In the law enforcement, we mayestablish specialized rural social pension insurance mechanism to increase the lawstrength of executes. In judicial practice, we may perfect dispute resolutionmechanism to cogent maintain farmer pension rights. On the legal supervision, it isnecessary to strengthen legal supervision in order to establish an effective supervisionmechanism.Farmers are the largest vulnerable groups, so it is necessary to make laws togive them special protection. Therefore, the state must establish and perfect the legalsystem of the rural society endowment insurance in order to promote harmony and torealize social justice.