A Study On The Legal Problems Of Rural Social Endowment Insurance In China

Old-age insurance legislation began in Germany. It has been more than100years of history. The social pension insurance system is the inevitable product of the socio-economic development to a certain stage.Now there are more than80countries or regions in varying degrees of development of social insurance legal system. According to the difference of endowment insurance fund raising mode, it can be divided into three basic types:PAYG social co-ordination mode, Accumulation model of personal account Fund and Personal account with the combination of social pooling Fund accumulation mode.All along, the main mode is the home of the rural old-age pension and old-age pension, endowment developed. Limited by the level of economic development, the rural areas are also difficult to develop commercial pension insurance. Before the family pension and endowment of land under attack, problems of rural social old-age pension did not highlight. Construction of rural social endowment insurance legal system in China is far behind the development of society and economic. Rural social endowment insurance legal ranks low and so far none of the rural social old-age insurance acts. Rural social endowment insurance system in China can be divided into two main stages:the "old agricultural insurance " stage and the "new agricultural insurance " stage. On the "old agricultural insurance " stage, deficiencies in the system design itself, the government’s lack of responsibility, low levels of protection, even the insurance fund insufficient to cover insurance costs, all theses lead to "old agricultural insurance" full recession late in the implementation phase. The "new agricultural insurance " started in2009and it is still at the pilot stage. Its implementation awaits history study.This paper is divided into four parts. The first part is the introduction. It elaborates on this issue and its research significance of this article, at home and abroad overview of the research on rural social old-age insurance and illustrates the basic idea of this article, basic framework and research methods. The second part is the summary of Chinese rural social old-age insurance, with two sections. The first section is the introduction to the origin of the rural social endowment insurance system in China. Section II is the introduction to the course for the development of rural social endowment insurance. Course of development of our country’s rural social endowment insurance is divided into three phases:the exploration phase (1986-1990),"old agricultural insurance" phase (1991-2008) and the "new agricultural insurance" phase (2009to present). Part III is the introduction of the defects and causes of rural social endowment insurance system in China. This part describes the defects of China’s rural social endowment insurance on legal, legislative, enforcement and explains the reasons of legal issues faced by rural social pension insurance in China from the perspective of national policy, the economic and social. Part IV is the improvement of China’s rural social endowment insurance system. Section one analysis the necessary of development and perfection of China’s legal system of rural social endowment insurance from the legal and practical. Legal reasons for the social old-age insurance is the right to social security and to establish and perfect the legal system of our country’s rural social old-age insurance is the embodiment of the principle of social justice. Practical reasons include:rural population aging in China, family pension reduced functionality, land protection weakening, widening domestic economic development, the needs of constructing harmonious society and so on. Section two tries to present proposals for perfecting the rural social endowment insurance legal system. Recommendations include perfection of legal system of rural social endowment insurance, perfect the construction of rural social old-age insurance institutions, increased government financial support, accelerating the development of rural economy, strengthening the "new agricultural insurance" outreach work and so on.