Research On The Legal Problem Of Migrant Workers’ Endowment Insurance Transfer And Continuation

As is known to all, the construction of the socialist harmonious society needs to establish a comprehensive social security system. Endowment insurance is the most important thing in this system, it makes that when the workers lost the ability to work or when an accident risk, and their basic life can be guaranteed. But for a long time, the migrant workers which accounted for two-thirds of city workers, are excluded from the system, not only infringes upon the legitimate rights and interests of the migrant workers, it has seriously hindered the construction of a harmonious society. As a product of urbanization development, the emergence of the migrant workers greatly promoted China’s economic development. But notable is, large groups of migrant workers also put forward a huge challenge to the transitional period of Chinese society, especially with the gradual disintegration of the traditional family pension mode and problems exposed, migrant workers social insurance rights and interests, especially the problem of legal rights of endowment insurance should be solved. Because the level of the traditional endowment is low, the scope of protection is too narrow, the level of the overall planning also is low, they all resulting in the endowment insurance for migrant workers encounter many obstacles in the process of transfer, even can’t transfer. The endowment insurance relations fixed also hindered the rural surplus labor flowing into the city, limited the formation of a unified labor market, it was not conducive to rational allocation of labor resources, hindered the process of urbanization."Interim Measures of Endowment Insurance for Urban Enterprise Workers Transfer and Continuation"(hereinafter referred to as the "Interim Measures") is implemented on January1,2010, it means that the reform of the endowment insurance has made great progress. But the measure is just use for urban enterprise workers’endowment insurance transfer and continuation, not have substantial help for the transfer and continuation of endowment insurance relationship for migrant workers, of course, it cannot fundamentally eliminate the institutional barriers to the free movement of labor. In order to investigate the detailed on this problem, this research will use economics, law, sociology and other disciplines theory as a guide, comprehensive using the method of comparative analysis, the method of literature, and the method of empirical research. Based on the transfer and connection status of empirical study on migrant workers endowment insurance relationship transfer and continuation, this study will starting from the basic theory to transfer and continuation the endowment insurance system, and combined with the analysis of two areas of Ezhou of Hubei province and Wenzhou of Zhejiang province empirical research data, answer the legal difficulties and reasons for transfer and continuation of migrant workers endowment insurance relationship of system, and put forward the corresponding countermeasures and suggestions on the basis of foreign advanced endowment insurance system. In the aspect of basic theory, mainly carries on the analysis from the legal, economic and social three. Macro-control theory, sociological theory of law, welfare economics theory, government intervention theory, functionalism of sociology theory, social stratification and mobility theory are basic theories of system transfer and continuation migrant workers endowment insurance relationship.This research will explore this theories’enlightenment on migrant workers endowment insurance relationship transfer and continuation system for the establishment, and provide a solid theoretical foundation for the following policy recommendations.In terms of comparative study, this paper will begin to organize and analyze in accordance with the mode of endowment insurance of foreign transfer and continuation of endowment insurance relation system. From Singapore’s personal self-help mode of endowment insurance to the United States’mutual endowment insurance model, and then to the British’ welfare state endowment insurance mode, as well as Brazil’ tripartite of help endowment insurance model and EU’ model by calculated in subparagraph, then summ up advantages and disadvantages, finally puts forward optimal suggestions to solve transfer and continuation of migrant workers endowment insurance relationship.In the empirical investigation, the research will select two typical regions as a formal research area to investigate the current situation of the legal system and operation on the transfer of China’s migrant workers endowment insurance relationship, point out this problem as follow:laws and regulations operability is not strong; the protected range is not clear; during operation of the law:migrant workers themselves factor in legal practice led to participating enthusiasm low; the social security agencies function have not been effectively, the social security fund have some difficulties when it transfer. Through the inductive analysis, point out the cause of several reasons of migrant workers endowment insurance relationship transfer and continuation plight, and focus on the phenomenon of internal differentiation of migrant workers.At the last chapter, the research will make several legal and policy recommendations to solve the problem in the current migrant workers endowment insurance relationship transfer and continuation based on the conclusion of the above analysis.