Study On Some Legal Issues Of China’s Rural Commercial Endowment Insurance

With the rapid development of rural areas’ urbanization in our country, the traditional pattern of old-age has been suffered the heavy shocks, the family and land supporting model is broken. Because of the limited level of economic development, China is unable to establish the comprehensive, full coverage of the pension model by the government, to solve the pension problem of farmers need the multi-level and multi-channel mode to selection. With the development of commercial insurance, particularly in the development of the life insurance industry, that provides the setting for the promotion and establishment of commercial pension insurance in rural areas. At present, however, the commercial pension insurance is designed for urban residents that can not fully meet the needs of farmers. Therefore, we need to set up a rural business pension insurance to solve the pension problem of farmers and improve social security system of China.This paper takes the existing pension model and basic situation of rural as the starting point, by the comparison of rural commercial pension insurance and other rural pension model, and from the legal, socioeconomic development condition to analyze the necessity of establishing rural commercial endowment insurance. And by reference of a typical pension model form abroad, and analyze the needs of farmers to choose the legislative model, proposed the needs for set up of the rural commercial endowment insurance. The first part will put forward conceptual and made a brief analysis of rural commercial old-age insurance form the definition,characteristics and property. Rural commercial old-age insurance has both commercial and welfare that compared with social pension insurance has more flexibility and legally binding. The second part analyzes the advantages and disadvantages of the traditional pension model, and reach conclusions about that unable to meet the pension needs of farmers. Rural social endowment insurance should reflect the equality and the welfare of society, but it can not achieve this state. Governments need to pursue commercial pension insurance, in order toeliminate the gap between urban and rural areas. The third part will analyze the social and economic basis of establish commercial pension insurance in rural areas form rural developing condition,government financial investment and development conditions of commercial pension insurance in rural. Although, China’s increased investment in rural social security system, but there are still some problems, With the strengthened economic power of farmer, they has the ability to buy commercial pension insurance, so rural have good social and economic conditions to establish this insurance. The fourth section focuses on foreign typical rural pension model,analyze the pros and cons, select the reasonable plan and make suggestions into commercial pension insurance system. The fifth part will discuss the legislative model of rural commercial endowment insurance, discuss the idea of legislation,categorize insurance companies based on mode of business operation,according on the needs of age and income level to explore the establishment of insurance,and the last part will propose the idea of the establishment of rural commercial endowment insurance.In order to suit the actual situation in rural areas, and more to meet the needs of farmer, the author choose a village both in Inner Mongolia and Liaoning provinces, And randomly selected 50 farmers to sent out questionnaires from each village. According to statistical data, the author has concluded: the first, on the whole, farmers’ income has continual increase, the purchase of the growing capabilities; they have the ability to insure commercial pension insurance.Secondly, most farmers choose low level social pension insurance, the cause is the influence of income, second, the social endowment insurance products have certain restrictions, and farmers do not see the return. The last is the improper propagandist means, farmers’ lack of trust in the social pension insurance. Finally,by the "agriculture" insurance, farmer are no stranger to commercial insurance,most farmer have said they are willing to buy the commercial pension insurance if it can meet the needs of they. On the base of the survey, China already has the social and economic conditions to set up rural commercial endowment insurance. And through the investigation to understand demand of different ages and income levels for insurance,combined with China’s social conditions and legal environment,anddraw lessons from foreign advanced systems, to present major ideas about establishment of rural commercial pension insurance and to promote the further development of this study.