A Study On The Legal Problems Of Peasant Workers' Social Security

As one of the important forces in the process of economic and social development,migrant workers have received extensive attention from all walks of life in recent years to protect their own legitimate rights and interests.The establishment of social security legal system for migrant workers has a great effect on China's economic development,social stability and well-off society construction.The protection of the rights and interests of migrant workers in the pension,medical care,housing,children's education and other aspects need to be clearly defined in the form of the legal system to protect the content,insurance,relief.Under the guiding ideology of the Five Development Plans of the Eighth Plenum of the Fifth Plenum,it is an important content of the social security legal system in China to perfect the legal system of social security for migrant workers with the foothold of the harmonious society and the shared development theory as the legal system.Is the social fairness and justice of the meaning? This paper analyzes the status quo of the development of the social security legal system of migrant workers in China and analyzes its limitations,and then puts forward some useful suggestions on the improvement of the legal system of peasant workers' social security on the basis of comparison and reference of relevant foreign laws.The full text is divided into five parts.In the first part,this part introduces the background and significance of the research,introduces the domestic and foreign scholars on the social security legal system of migrant workers research status,as well as foreign related theoretical achievements.At the same time,the paper explains the research methods,possible innovations and shortcomings of this paper.The second part explains the theoretical foundation and value of the social security legal system of migrant workers.The definition of the concept of migrant workers and the definition of legal system of social security for migrant workers are inseparable from the specific conditions of our country.In the process of building the rule of law in China,the construction of social security laws of migrant workers is the need of social fairness,the need of urban production and living risks,and the development of urban and rural integration.The social security legal system with social justice as the core is the need to protect human rights,and is more conducive to protecting migrant workers' rights of subsistence,development and equality.The third part analyzes the current situation of social security legal system for migrant workers.The establishment of social security law for migrant workers,with equality as an important goal of legislative work,protection of the appropriate standards need to urban residents,workers and social insurance as a reference.The co-ordination of social security funds is directly related to the protection of migrant workers,the continued transfer of insurance relations,to raise the level of co-ordination of funds to break the barriers between regions is particularly important.In addition,the hukou system will restrict the enjoyment of migrant workers' rights in cities,and the hukou reform will break the restriction of traditional "identity",which will greatly benefit the transfer of social insurance relationship and protect the treatment.To this end,in the reform of research and pilot work in summing up experience for the construction of household registration law to lay the foundation.In the fourth part,the author draws lessons from the experience of the developed countries and developing countries in protecting the social security rights of agricultural population.Britain will shift to the city's agricultural population into the city's security system,and gradually form a full coverage of the social security model.The United States to land law as the guide,promote the agricultural population autonomous migration;at the same time the establishment of agricultural production to improve the relevant laws,promote industrial development,solve the problem of employment in rural areas of labor.India to agricultural areas and non-agricultural areas as a unit,respectively,the development of agricultural population transfer-related legal system.Brazil's long-term heavy industry to suppress agricultural production,while improving productivity in all aspects of society to create a negative impact,the lesson thought-provoking.The fifth part puts forward some suggestions on perfecting the social security legal system of migrant workers in our country.Under the guidance of the concept of scientific development and shared development,the establishment and perfection of the social security law of migrant workers in China is complementary to the overall governance and integration of urban and rural development.The legal system of household registration,taxation and employment under the perspective of holistic governance aims to break through the dual barrier of urban and rural areas.In addition to the old-age care,medical and other traditional areas,the need to pay attention to their political rights and children's right to education.Therefore,in the household registration reform process,it is necessary to sum up the pilot areas of practicalexperience.Pay attention to the flexibility and maneuverability of the social security legal system of migrant workers.To develop migrant workers as soon as possible the implementation of the transfer of the relationship between the insurance rules will have been retired but living in urban migrant workers into urban residents first social security system.According to the proportion of migrant workers in urban work years to improve the amount of reimbursement of medical insurance for migrant workers;"medical zone" as a unit of health insurance funds,strong and relatively fixed for the work of the two groups of migrant workers to develop the difference between the old-age insurance payment ratio.The paper puts forward a new way to raise and operate the social security fund.