The Research On Legal System Of China’s Newsocial Pension For Rural Residents

China is a developing country whose most people are in rural area. According to the 6th demographic census, there are about 67 million rural people in China, accounting for 50.32% of the population. With the rapid increase of aging rural people, China social pension system in the rural area in the transformation time has also faced the challenge of aging population situation. On the one hand, the raising old-age dependency ratio caused by the increasing number of aging people has resulted in the overloaded social support; on the other hand, China is now facing the situation of old before getting rich, the legal system of social pension in rural area cannot meet the actual need. So the legal and institutional system of rural social pension should be established and improved urgently and quickly.In nowadays, China’s new social pension system for rural residents has many problems which affect its implement, such as the unsound legal system, a lack of legal inner coordination and incomplete laws and regulations of endowment insurance. First, the legal system of China social insurance has not been actually established, and endowment insurance regulations in the social insurance act are incomplete, especially the rural endowment insurance. Its management and fund investment operation are short of specific laws and regulations, which made the new rural social pension lack of strong and powerful legal protection. Second, laws of the new rural social pension are unsound and incomplete, the premium collection and management of rural pension and its fund investment operation are lack of an overall arrangement. In the end, the unsound supervisory mechanism of new rural social pension has influenced the system’s sustainable development. The administration section takes charge of collection and management and operation of the insurance fund, which results in the unsound supervisory mechanism.When establishing the law of China social pension for rural residents, we should follow the basic principles of enjoying the survival right fairly, just and equally, ensuring the living necessity of rural residents, making target people diversity and specialization and unifying the rights and responsibilities.We will focus on the following works in establishing the legal system of China social pension for rural residents: Build the unified pension system for rural resident and non-working urban residents; establish scientific fund supervisory mechanism of new type rural social pension; realize the informatization and networking of new type rural social pension; regulate and unify the rules and relations of new type rural social pension operation; build sound management system of new type rural social pension archives.