The Analysis Of Social Endowment Insurance System From The Perspective Of Fairness

The dissertation based on the right of social endowment insurance in the law as the starting point,analyzes the fairness of China's old-age social insurance system in terms of perspective of equality in the theory of management,improves the China's old-age social insurance system against the missing fairness and meanwhile,sets up the relevant supporting measures for the old-age social insurance system.Firstly,the dissertation analyzes the birth and development process of the old-age social insurance system,concludes that the major content of current old-age social insurance system is for the implementation of national social endowment insurance right,and then analyzes the nature and structure of rights in the old-age social insurance system.It points out that the social security right of the old age is a common law right,a kind of social right,a kind of expectant right,including the right to participate in the content,the right to benefit and the right of supervision.Based on the analysis of philosophical basis of fair value,the dissertation concludes that the fair value is core value of the old-age social insurance system,including compulsory participation fairness,mandatory corrective fairness,fair agreement and mandatory demand.Combining the four contents of fair value with the contents of the right of social endowment insurance is the conclusion for the fair value content in current China's old-age social insurance system.Secondly,the dissertation analyzes the equality of current China's old-age social insurance system further,which mainly includes that the participating right of social endowment insurance of rural and urban residents is against the compulsory participation fairness,the ole-age pension in beneficial right of social endowment insurance of rural and urban residents is against fair agreement and mandatory demand,the payment rate in workers pension insurance right deviates from fair agreement,the pension replacement rate in beneficial right of social insurance system deviates from mandatory corrective fairness,the age in beneficial condition of beneficial right of social insurance system deviates from fair agreement,and the missing of other contents in social insurance system is against the mandatory fair value.Thirdly,based on the definition of goals of improving China's old-age social insurance system in te rms of fairness,the dissertation suggests that the "unified-separating" endowment insurance system shou Id be set up,in the context of the new type of social endowment insurance system,which still depends on the " dualistic society " and is committed to the realization of the fair value of the social endowment insurance system,For the condition of that participating right of social endowment insurance of rural and urban residents is against the compulsory participation fairness,all members of the society must participate in the social pension system,and the subjects of the national pension system and the payment standard should be stipulated.In view of that the ole-age pension in beneficial right of social endowment insurance of rural and urban residents is against fair agreement and mandatory demand,we should set up new system of social old-age insurance for urban and rural residents,regard the annual per capita disposable income of farmers as a base,and set the same proportion of payment and the calculation of basic pension as the flexible employment,and stipulate the overall level of social endowment insurance system for urban and rural residents.In view of that the payment rate in workers pension insurance right deviates from fair agreement,the payment rate of enterprises should be reduced on order that the payment rate from both the enterprises of workers is equal to that from flexible employment personnels.For the condition that the pension replacement rate in beneficial right of social insurance system deviates from mandatory corrective fairness,the replacement rate of basic old-age insurance pension should be improved and the pension replacement rate level in different social endowment insurance system should be unified.For the condition that the age in beneficial condition of beneficial right of social insurance system deviates from fair agreement,the retirement age of men and women should be the same,and the retirement ages for the basic old-age pension social insurance and urban and rural residents of old-age social insurance should be unified.For the condition that the missing of other contents in social insurance system is against the mandatory fair value,the country should improve the legislation for China's social pension insurance and set up the beneficial right for relatives providing for the old-aged,the right of supervision for pension.Finally,in order to realize the new social insurance legal system of the pension,the same supporting measures should also be set.On the basis of strengthening the country's financial responsibility for the basic old-age social insurance system,the country should also expand the size of government,optimize the structure of fiscal expenditure,supervise the endowment insurance system,and reform our country's current existing household registration and land system,and implement the agricultural modernization to provide internal power to ensure the implementation of the social endowment insurance system.