Contrastive Study On Chinese And German Old Man's Insurance System From Legal Culture Perspective

With speeding up of high proportion of older man in the society of our country, it is estimated that the proportion of older man will reach the highest peak between 2020 and 2030, which not only greatly challenges the system of old man's insurance of our country but also brings pressure to it. Recently, though the old man's insurance system has developed for great step, there are still so many differences between our country and European countries, especially German, such as: the coverage scope of old man's insurance, administrative organization, insurance standard, etc. At present, old man's insurance system of our country is not perfect; there are contradictions between local laws and regulations of one place and that of another. So the paper contrasts Chinese and German old man's insurance system; analyzes two countries' old man's insurance system from legal cultural perspective. It tries to develop old man's insurance system of our country, provide new thoughts in order to perfect the old man's insurance system of our country.The whole thesis consists of four chapters:In Chapter One, it contrasts old man's insurance system of Chinese and German, makes a historical investigation into two countries' old man's insurance system in order to contrast them from four parts including Legal old man's insurance, Enterprise old man's insurance, private old man's insurance and peasant old man's insurance.In Chapter Two, it mainly analyzes the differences of old man's insurance system and that of German from legal culture perspective. As one kind of system, it is deeply influenced by special cultural environment and social structure and it originates from certain historical background. Obviously, when we make research about it, we should not only remain at the operation mechanism and technical regulation level, we should pay more attention to its system and culture regulation. This chapter analyzes some reasons which cause differences of old man's insurance system between Chinese and German from legal culture perspective. Then it obtains that the major differences are determined by different legal cultural thoughts, legal cultural values, historical inheritance and legal cultural cognition.Chapter Three introduces the experiences of construction of old man's insurance system of German. Combined with the above mentioned differences between two countries and based on the analysis of legal culture, it obtains that German old man's insurance are superior to that of our country because it takes human rights ensure as its main responsibilities.Chapter Four reflects on perfecting old man's insurance system of our country. Firstly, it suggests developing some appropriate legal culture; then it puts forward some feasible measures for constructing old man's insurance of our country based on legal culture background.To sum up, the whole thesis analyzes the internal sources of two countries' old man's insurance from culture and system perspective. It is not only helps to reveal the internal restrain condition of old man's insurance system, but also helps us grasping development tendency of it Most important, it analyzes problems of old man's insurance system of our country from aspect of source of legal culture, discusses it under legal culture condition. After contrasting old man's insurance system of two countries, we could find out the disadvantages of old man's insurance system of our country, which are beneficial to the harmonious of old man's insurance system.