A Study On The Endowment Insurance Right Of Urban And Rural Residents

According the Third Plenary Session of the18th Central Committee of CPC, onthe integration requirements of the basic old-age pension system for urban and ruralresidents, and the regulations of the state council’s opinions for establishing theunified old-age pension system for urban and rural residents,(hereinafter referred toas" the guidelines "), the newly rural social pension system (hereinafter referred to asthe "new farming insurance") and that of the urban social insurance system(hereinafter referred to as "urban social insurance ") are going to be integrated toestablish the basic old-age pension system for urban and rural residents. The move isan attempt to remove misunderstanding of household register system, and to promotethe right of pension insurance from formal equality to essential equality. The papertries to discuss some relevant issues of the basic old-age pension system for urbanand rural residents from the perspective of the human right.Compared with other basic human rights, the endowment insurance right ofurban and rural residents, which is special in the right subject, the attribute of rightand right form. The subject of the endowment insurance right, which excludes groupsout of the urban workers, including farmers and urban residents with no job, Forsome institutional reasons they do not enjoy pension benefits, the basic endowmentinsurance right for Urban and rural residents aims to protect their right. The value ofthis right is to protect the dignity of urban and rural residents, to promote equality andto expand their freedom.Of the basic endowment insurance right system, the content mainly coversenjoying social endowment insurance benefits, the inquiry right and the right toobtain the relevant services, Supervision right, submitting to legal Remedies and soon. The main obligations of the country is to respect, to protect and to realize people’sbasic rights, in which certainly including the minimum core obligations.About our country’s basic old-age insurance status and legal protection issues,this article conducted a field research, on the legal protection of this right, so far it hasestablished primary legal system mainly includes the Constitution, the basic law and other relevant laws and regulations. But one problem can not be ignored is theabsence of a special law. In practice, the basic pension insurance rights mainlyreflects China’s " the basic old-age insurance system for urban and rural residents"which has made a lot of achievements, but at the same time a lot of problems occur.For example the basic pension insurance rights currently do not have the justifiability.For these problems, this paper attempts to put forward several suggestions to improvethe basic old-age insurance right for urban and rural residents: to enact special laws,to perfect the basic old-age insurance system for urban and rural residents inadministrative management; finally to establish justifiability to improve the judicialrelief.According to research needs, this paper adopts various kinds of methods such assemantic analysis, value analysis and the social empirical survey method.