The Structure Of The Old Age Insurance Legal System In China And Its Perfection

Endowment insurance system is an impotrant part of social security system，for citizens,enjoy the old-age insurance is the basic rights, for the country, for the citizens to provideold-age insurance is its obligations.Therefore, how to use the legal form, the right andobligation to regulate, is of great significance.After decades of development, especially the reform and practice since the reform andopening up, China has basically an endowment insurance legal system embodies thecombination of justice and efficiency, unification of rights and obligations, the socialstability, promote economic development plays an important role in.The existing old-ageinsurance legislation in the legislative form, content, have their own characteristics, but thelack of legislative idea, clear overall planning, weak law enforcement mechanism.Endowment insurance in our country in the actual operation of gradually exposed variousproblems，which exist in the structure of the problem about the legal system of endowmentinsurance in China has led to various research and discussion.Different subjects, different countries adopt different coping methods.In the solutionprocess and the overseas development of the endowment insurance in our country, we are notdifficult to draw such a conclusion: there are structural problems in the legal system ofendowment insurance, must be combined with the specific conditions in the exam.First of all, because of the different attributes of the unit, the unfair treatment aggravatesocial contradictions,we must recognize the dual track system of existing long already has aserious pull big enterprises and institutions endowment insurance unfair，understand historytrack exist and referring to foreign experience, promptly banned dual inequality;Secondly, based on the history and some reasons, resulting in the current our countryold-age insurance two yuan in urban and rural areas, regardless of payment or coverage areobviously unbalanced, therefore the paper proposes to construct the focus towards thecountryside, and for its special legislation proposals;Furthermore, affect the construction of the legal system of endowment insurance ofanother disorder—individual accounts mode, the author in this paper discusses pointing outthat it has completed its historical role based, has lost the meaning of existence, but it bringsa series of problems the empty account operation, proposed to abolish the individualaccounts mode;Finally, China’s current legal system of endowment insurance based on lack, lag oflegislation, legislative level is not high and there is a narrow range of legislation, imperfectproblems,by establishing the old-age insurance for special legislation to break long endowment insurance legislation scattered, conflicts of laws, departments mutually makingexcuses such phenomena, in order to establish the integration of urban and rural endowmentinsurance legal system.