The Legislation Research On Basic Endowment Insurance System Of Urban And Rural Residents

In 2014,the new type rural social endowment insurance and the urban resident social endowment had been merged to establish the basic old-age insurance system for urban and rural residents.This group can also be understood as the residents who have no formal work in towns.This article introduces the development of the basic old-age insurance system for urban and rural residents at the theoretical level.At the same time,the author investigates the operation of the basic old-age insurance of urban and rural residents in KongTong,PingLiang City,Gansu Province.At present,the system almost covers the whole urban and rural informal employment groups.The insured rate up to 99.8%.The fund income and expenditure,the fund balance,and transfer connection system are more mature.But the basic old-age insurance system for urban and rural residents depends mainly on the State Council and local policies,so the system has poor stability,lack of authority.This paper aims to improve the legislative level of the basic old-age insurance for urban and rural residents by summing up the experience of the existing policy and drawing lessons from the typical practice of the foreign countries on the legislation for their informal employment groups.In other words,we must construct Regulations on Basic Old-age Insurance for Urban and Rural Residents.The content is as follows.On the aspect of fund raising and management,we should adopt the "insurance and mutual aid" financing mode,that is,the individual,grassroots mass self-governing organization,and government must Shared together.At the economically developed areas,the grassroots self-government organizations should play more important role by improving the subsidy standards.To achieve value-added,Fund management should introduce a competitive mechanism.in the transfer system,the Co-ordinate system must be gradually raised to the provincial co-ordination from the municipal and county level,and finally to achieve national co-ordination.To establish the cross-regional swap funds,to establish the information platform of The ministry of human resources and social security-provincial-municipal-county-village networking.In terms of agency construction,shall be equipped with professional staff and construct grassroots service window;in the construction of the supervision mechanism,should establish a special urban and rural residents social pension insurance regulatory agencies,directly governed by the State Council.in the legal responsibility allocation,should clear the handling agencies,insurers and other rights and obligations;dispute handling mechanism should be established.We must build a professional dispute handling team,and introduce reconsideration procedures.On the research methods,this paper uses many subjects such as law,sociology,statistics knowledge,through empirical analysis,comparative analysis,literature research,etc.,comprehensively and systematically demonstrates that the primary endowment insurance for urban and rural residents must improve the legislative level to formulate regulations.