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Research On The Legal Issues About The Old-Age Insurance Of Floating Population

Posted on:2016-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:J N ChenFull Text:PDF
GTID:2297330470968873Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Social security rights are the 45 enshrined in article of the “constitution” in our country’s civil rights. Every citizen is entitled to social security should not be differences, the floating population, rural and urban population of the right to social security are the same in nature, it is equal in law the position. Pension insurance is an important part of social security, it is particularly important to solve the problem of migrants pension. The solution to this problem, we must rely on legal means to establish and improve compliance with the laws of our country’s pension system.Population movements are an existence of the phenomenon in any country, in any stage in the history, but large-scale population movements like China is indeed rare in the world. Large-scale population movements with the urban and rural household registration system, the uneven regional economic development have an inseparable relationship. Migration process brings between urban and rural areas, between labor and other support resources circulation, Impact on pension system building. With intensify reform, the floating population in recent years, the previous generation presents many new features of migrants, in the future development process will exhibit new trends. These new features and new trends are affecting the pension laws of development and improvement, we have established an important basis for the pension insurance system.Since the early 1990 s in China, began to establish the pension system, and promulgated a series of relevant laws and regulations to protect the pension rights of citizens. However, due to the imperfect system of reasons, pension rights of migrants still suffer great damage. First, China’s current pension law lacks provisions designed for migrants; secondly, migrants generally have lower insurance rates, which are hindering the pension system can be fully functional. And pension law system is not perfect, mainly for lack of a binding legal system, low legislative level, there is a connection between the local laws conflict led to difficulties and so on.Through study of advanced foreign pension legal system, draw Enlightenment legal migrant pension system construction, such as legislation first, urban and rural planning. Combined with the establishment of foreign pension insurance system and reform of experience, further proposed legal migrants pension systems analysis approach.Want to solve the pension problem of migrants from a legal perspective, the first is bound to improve the pension insurance laws and regulations, we must consider the special situation of migrants in the beginning of the legislation. Improve the "Social Security Act" and "urban and rural endowment insurance system convergence Interim Measures" and other existing laws and regulations, and to speed up the "Pension Act" legislation. Second, we must improve the pension rights of relief system, particularly the judicial relief, establishing specialized courts and supporting the social security program. Third, we must strengthen the legal supervision of the pension insurance system. Finally improve relevant policies, provide policy support for the implementation of pension insurance.I believe that, in the end how to protect the pension rights of migrants, lawmakers need to combine different regions, different ages, different occupations migrants thin nature of the specific requirements plus considerations. In the course of the legislative, judicial and law enforcement, the combination of a large background of pension reform, and make effective top-level design.
Keywords/Search Tags:Floating population, Endowment insurance rights and interests, Endowment insurance law
PDF Full Text Request
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