The Study Of Our National Social Insurance Legislation

As a result of the development of the productive forces, the social insurance constitution came into being, which symbolized the progress and the civilization of a society. With a history of more than 100 years, the social insurance institution has become an important and necessary pillar of the market economy, and was regarded as the "stabilizer" of a society, the "damper" of the exercise of economy, and the "regulator" of the social equality. The establishment of our national insurance system has made enormous advancement ever since the 1980's, with its framework coming into being, its range expanding continuously, its level much improved. The social insurance institution has exerted immense importance in protecting the people's lawful rights, and contributed a lot to the national reform, development and stability. At the same time, the stag and insufficiency of social insurance construction loomed out, the system of legislation is incomplete, the level of legislation is low, the development of legislation isn't balanced, the enforcement of law is weak, etc. From the above facts we can see that the present social insurance system isn't suitable for the required status, nor can it provide enough support for the reform and practice of social insurance, nor can it be adopted to the development in the new circumstances and situations. The oxymoron between the great leap of the construction of social insurance system and the relative lagging behind of the legislation of social insurance is calling for the legislative process of our country's social insurance.Social insurance legislation is a bulk, complex, and open system. As a system, on one hand, it is surely influenced and restricted by the environment, as well as exchange message and power with the exterior atmosphere; on the other hand, it is composed of various subsystem, whose operation will affect the social insurance overall function. Thus, the study and analysis of the social insurance system should not only based on the grasp of the general relationship with environment, but also rely on the study of every subsystem. Adhere to this ideology, firstly, from the view of system and environment, this thesis try to expound the necessity and feasibility of accelerating our nation's social insurance legislation, which is complied with the point of view of economy base and upper construction. Secondly, this thesis discussed some problem which is closely linked with the orientation of social insurance legislation, such as the general principle, the train of thought and developing direction of present social insurance legislation. And it pointed out that as upper construction, the principle of legislation, orientation and model of the system of social insurance law can't break off the fundamental base of economy, neither can it digress from the system of socialism market economy. Thirdly, the thesis put forward the train of thought and suggestion of reform, after detaileddiscussion of the versatile subsystem of social insurance legislation, such as the range covered, right and obligation, ole-aged pension, monitor and supervisor, and linking-up device. At last, the thesis jumped to the conclusion, in the case of marketeconomy, we should in one aspect wholly hold it's general principle, general train of thought and orientation, in the other aspect, we should partially study the concrete problems that affect the overall function of social insurance legislation, such as therange of insurance, right and obligation, monitor supervisor, and linking-up device, etc. The above-mentioned methods and techniques are a vital important process in carrying out the new constitution, which will provide outstanding significance of theory and practice in enriching the principle of social insurance legislation, exploring reform method, guiding reform practice, promoting the coordinated development of economy.