A Jurisprudential Thinking And Suggestion On "social Insurance Law (draft)"

The social insurance system in China has made great development in the past sixty years with the establishment of China’s basic social insurance framework. The social insurance provided the necessary economic compensation for a number of workers subjected to social risks, mitigation of risk losses. But the construction process of social insurance system had some problems we can not ignore .The system is not perfect. There was fuzzy in particular the work of social insurance and departments blame each other which are serious affected the development of the social insurance system. To really solve some problems existing in reality we need to strengthen the legal system of social insurance. Make the rules of the everyday into law to regulate the social insurance by a strong hand. In China, the social insurance legislation exists so many problems such as laging behind in the legal system, The legislative system is not perfect, the legislative level is not high, legislation uneven development, law enforcement mechanisms weakened and so on which is not only incompatible with the status of department, also make the reform of social insurance and practice lack of legal support. The development of the social insurance and the lagging behind of Social security legislation call to speed up the process of China’s social insurance legislation. In order to solve the problems of social insurance system in China such as incomplete system, daily chaos and Low-level law, the departments concerned to speed up the pace of legislation. After 13 years of brewing, to December 23, 2007, by the Ministry of Labor and Social Security led the drafting group forming a "Social Insurance Law (Draft)", submitted to the NPC Standing Committee to the trial of first instance, in the end of 2008 to the trial of second instance. The Social Insurance Law (Draft) has aroused widespread concern and get a large number of feedback information.Social Insurance Law (Draft) fixes the daily work to has the force of law by making it been law, As well as insoluble problems that have been made specific provisions for. But the Social Insurance Law (Draft) itself is not perfect, but there are a large number of problems. This article first starts from of China’s lack of social insurance legislation, pointing out that China’s social insurance system needed a complete "social insurance" as a legal support before they can get the development. Analysis the Content of published "Social Insurance Law (Draft)", Pointing out the bright spot of Social Insurance Law (Draft) which play a role in promoting the development of the social insurance system. At the same time we also find out the Defects and deficiencies in Social Insurance Law (Draft) and point out the reasons of then. Propose appropriate solutions to the Defects and deficiencies from Legislative concept, legal content and operability with experiences and lessons of Foreign social insurance legislation.