Research On The Perfection Of The Legal System Of New Rural Social Endowment Insurance In China

Based on China’s current national conditions,rural social endowment insurance as the most basic system in social security is directly related to the social welfare issues of the peasants’ life and pension.In order to ensure that residents’ pension needs can be fully met and that rural residents can enjoy high-quality pension services,domestic researchers have carried out extensive research on this issue,and have made outstanding achievements in this field..However,there is still a big gap with the needs of farmers.It is difficult to adapt to the requirements of the society for comprehensive development and progress in rural areas.Due to the fragmentation of the legal system,the legislative system is not perfect,can not adapt to the current changes in the concept of old-age care,the imperfect fund raising legal system and the lack of government responsibility,the rural residents can not enjoy the basic old-age security benefits.Only by accelerating the improvement of the legal system for rural social endowment insurance can we ensure the comprehensive promotion of new rural endowment insurance,maintain the healthy and stable development,and provides a good foundation for the comprehensive development of a well-off society.Under such circumstances,we need to focus on improving the establishment of relevant laws and regulations,and urgently establish a localized rural endowment insurance system..This paper first elaborates and analyses the relevant laws and systems of rural endowment insurance,and then elaborates its legal basis from the perspective of human rights theory,social equity theory and rule of law theory based on jurisprudence and socialist core values.Basically,it introduces and analyzes the status quo and main problems faced by China’s new rural social endowment insurance legal system.At present,the pension insurance legal system implemented at the national level mainly includes the Social Insurance Law and the State Council’s Guiding Opinions on Launching the New Rural Endowment Insurance Pilot."The Opinions on Establishing a Unified Urban and Rural Retirement Insurance System",the current legal system combined with regional empirical investigations and analysis shows that the current legal system is not suitable for the transformation of the concept of old-age care,the legislative system is imperfect,the legal system for fund raising is imperfect,and the government The lack of responsibility,the imperfect supervision and management mechanism,and the imperfect supporting measures for the farmers’ pension insurance system.In order to put forward reasonable suggestions,the author draws on the advanced practices of some foreign countries.These recommendations mainly include: adhering to the basic principles of universal protection,fairness and efficiency,and gradual improvement of the level of protection;the establishment of a new rural pension insurance legislative system and the development of a authoritative Rural Social Endowment Insurance Law,promulgating supporting administrative regulations and departmental regulations;improving fund raising methods for new rural endowment insurance,government subsidy fund raising,collective subsidy fund raising,and personal contribution fund raising;strengthening government responsibility regulation and accelerating rural economy Develop,strengthen the responsibility to increase farmers’ income,strengthen the responsibility of providing financial support,strengthen the legislative responsibility for formulating a unified law,establish a professional talent team,establish an independent legal supervision agency,establish a sound appeal channel and reporting mechanism,and improve the supervision mechanism.Establish a diversified rural pension insurance dispute resolution mechanism,set up a special old-age court,set up administrative pre-procedures,and establish a reasonable burden of proof system.