The Research On Endowment Insurance Legal System Reform Of The "Double Track" Model In China

As an important part of the social insurance system, endowment insurance system is closely related to the livelihood of our citizens. Fair and reasonable endowment insurance legal system is beneficial to the normal and orderly operation of endowment insurance system, rather than bring a series problem, or trigger some social conflicts. Due to some historical reasons, after decades of reform and development, and the transformation of policy, the endowment insurance system forms two sets of independent system, which caused the two different annuities treatment. Especially after eighty s,with the reform deepening, the rapid economic development, the continuous improvement of people’s living standard, the disadvantages of the "double track" model emerging. This not only affects the normal and orderly flow of labor force, hinders the formation of the nationally unified labor market, and also poses a serious challenge to the construction of a harmonious socialist society. As the difference is more and more obvious, people gradually realize that the "double track" model do not conform the development trend of our social. And the reform gradually becomes the hotpot that people focus on. So, our government is committed to alleviating the contradiction, and began to explore the way to reform. at the beginning of2008,our government started reform in Shanxi, Shanghai, Zhejiang, Guangdong and Chongqing. We should try to find an effective way based on these experience. The reform is not only in relation to citizens’ interests, but also important to the sustainable development of the endowment insurance, And it also promote the perfection of legal system of endowment insurance in China.This paper, analysis from the perspective of history, based on the legal concepts of equivalent power and obligation, mirror the other countries’ method, summarizes the principle of "double track" reform and the way to overcome the difficulties.First of all, we describe the history of the endowment insurance legal system and the relative law issued by the country during the formation, reform and change. And then find out the reasons of the forming of "double track" model. Second, through comparing and analysis, find out the factors which bring the differences. The factors are the overall method, pay channels and standard difference. And then conclude the bad consequences of "double track" model. After absorbing the successful experience from Australia, Singapore, and France, combined with the specific condition of our country, put forward the Reform principles and Suggestions, and also carry out the relevant supporting measures.