Study On The Legal System Of The New Rural Social Pension Insurance In China

The new rural social pension insurance is an important measure to solve the problem of farmers’pension and has achieved significant success since the pilot. However, the new rural social pension insurance legal system has not yet formed; there are no specialized laws for the new rural social pension insurance at the central level or local level. In practice, local regulatory documents become the main carrier of the new rural social pension insurance system. Duing to the difference of region, the new rural social pension insurance system presents a variety of look in local regulatory documents which has its commonness and character. The construction of the new rural social insurance legal system cannot leave the local practice. Regional different practice, experience and lessons will provide an important reference for building the new rural social pension insurance legal system. This paper will discuss the problems which exist in the new rural social pension insurance legal system, give the reason for the existing problems and put forward corresponding countermeasures through analyzing of local regulatory documents. I hope that all these can be the practical support for the new rural social pension insurance legal system.The article uses the method of literature research, historical research and comparative analysis to systematically study the new rural social pension insurance legal system. After clearing the basic concept, the theoretical basis and the development history of the new rural social pension insurance legal system, the paper analyzes the form of the new rural social pension insurance legal system and compares the difference between regional implementation of the system. On the basis of this analysis, the paper discusses the formal problem the implementation problem of the new rural social pension insurance legal system. These problems mainly include the absence of specialized laws, the non-uniform system operating mode, the unclear applicable object, the difficulty fund raising, the unscientific fund management and the low level of security. At the same time, this paper analyzes the reasons to the existing problems.After the empirical analysis, the article puts forward corresponding countermeasures. Firstly, we need to set up a specific legislation for the new rural social pension insurance. We must be clear that the central unified legislation and formulate the administrative rules and regulations as soon as possible. Central drives local legislation, so as to improve the legal system. Secondly, we should seize the key point of the new rural social pension insurance system in the process of building a legal system. We focus on perfecting the applicable object, fund raising, fund management and insurance treatment, so as to make the new rural social pension insurance legal system mature and stable. Thirdly, the new rural social pension insurance legal system ought to in develop between urban and rural areas as a whole from the current development trend, to promote the construction of new urbanization and urban and rural integration.