Study On Legal System Of The Basic Old-age In Urban And Rural Areas As A Whole

Due to the dual social security system in China development pattern of influence from the beginning of establishing along the direction of urban-rural division, the reform of old-age insurance system play a significant role in the development of the social security system, and urban and rural segmentation result gradually widening the gap between urban and rural endowment insurance, so as a whole system of basic old-age insurance for urban and rural is higher and higher by the national and social public attention. "Dual structure" due to the basic endowment insurance system in the region, policy, identity, as well as significant differences that endowment insurance system in the "fragmentation" state for a long time. With the rapid development of market economy, between urban and rural areas of rapid flow, the current is in the crucial stage of mutual coordinated development between urban and rural areas, lead to fragmentation of primary endowment insurance system present situation and the urban and rural integration, the contradiction between population movement intensified. In order to make the old-age insurance system to cover all the social members and make sure it can be healthy development, speed up establishing the system of basic old-age insurance for urban and rural areas as a whole comprehensive construction process is imperative. Legal security implementation by national force, to establish the basic endowment insurance legal system in urban and rural areas as a whole is important in the development of endowment insurance system for urban and rural areas as a whole. So this article is based on "new farming keeps" and "city ju bao" has combined the fact that the endowment insurance system proposed the main research object for how to urban and rural residents endowment insurance and town worker endowment insurance system for effective cohesion to eventually build up the system of basic old-age insurance for urban and rural areas as a whole. China has yet to complete legal system of urban and rural endowment insurance as a whole, the rules only reflect on "social insurance law", as well as some policy, comments, etc, make the current law cannot effectively regulate the urban and rural endowment insurance system as a whole, therefore, in this paper, based on the basic theory of mature and advanced practical experience at home and abroad, the overall urban and rural basic endowment insurance legal system in China will face a series of challenges in the process of construction, Suggestions to the design of the legal system put forward effective measures.The three part of this paper is as follows:The first part, elaborate the theory of the legal system of urban and rural pension insurance. Scientific definition of the basic types of urban and rural endowment insurance, urban and rural endowment insurance law system concept and urban and rural pension insurance, and on this basis of coordinating urban-rural endowment insurance theoretical basis, including social equity theory, urban and rural harmonious development theory and social citizenship theory analysis, concluded that development of urban and rural pension insurance development of endowment insurance system is of positive significance is inevitable requirement to promote the coordinated economic and social development, is to maintain social order and stability of the urgent need and the rapid growth of the internal mechanism of unification, government function transformation and economic for urban and rural pension insurance provides feasibility.The second part, analysis the current situation and dilemma of endowment insurance system of urban and rural areas. The current regulations on urban and rural pension insurance in our country at present were introduced, China’s urban and rural old-age insurance legal system is constantly expanding the scope of application, the treatment level has improved, status play a significant role in financial support, based on the summary of the status quoIn our country, the process of the construction of urban and rural endowment insurance legal system is still faced with many difficulties:first, there is a huge difference in financing payment responsibility, payment standard and insurance mode mode; secondly, the urban and rural old-age insurance benefits standard diversification, and the gap between urban and rural treatment level; thirdly, the overall level of endowment insurance fund finally, convergence is not low; coordination between urban and rural pension insurance, hinder the development of urban and rural.The third part puts forward the design of China’s urban and rural endowment insurance system of legal advice. On the basis of the first two parts, the practice of China’s urban and rural endowment insurance and based on the existing problems, and learn from foreign advanced legal system according to the situation of our country, put forward specific suggestions on the endowment insurance system of urban and rural areas:improve the legislative system of urban and rural endowment insurance; improve the pension fund financing model; clear urban and rural areas pension benefits standards; convergence mechanism of refinement of the endowment insurance system; the establishment of pension fund the overall level of the provincial area based.