Analysis Of The Basic Endowment Insurance Treatment Of The Laborers S From The Perspective Of Public Law

Whether the labor contract is automatically terminated when the laborers reach the statutory retirement age remains a controversial legal issue.The Regulation on the Implementation of the Employment Contract Law of the People’s Republic of China stipulates that when the laborers reach the statutory retirement age,the labor contract is terminated.In fact,there are a large number of employment relationships in real life between the laborers who reach the statutory retirement age and the employing unit and there is no unified understanding on the nature of the employment relationship in the academic circle and the practical circle.In judicial practice,there is no unified identification on whether this kind of employment relationship is labor relation in the central and western provinces,which is adverse to the protection of the labors’ basic endowment insurance treatment.This thesis takes a typical compensation case for a Wang’s loss of endowment insurance as an example,and concludes the controversial disputes of this case,goes beyond the border of the labor law and the Social Insurance Law and researches the problems reflected therein in the public law’s view such as the constitution from the perspective of labor rights,retirement right,social security rights and social security system.The labors’ basic endowment insurance treatment reflected in this case is actually the retirement right of the citizens while the latter is an important constituent of social security rights.This thesis analyzes the relevant contents in the social security rights,probes into the evolution of social security system in China,returns the actualities of this case,and concludes the legal issues reflected in this case and proposes the suggestions for the improvement of the relevant law in the direction of safeguarding the labor’s basic endowment insurance treatment and the citizens’ retirement rights.This thesis is composed of three parts.Part One introduces the facts and controversial focuses of this case,mainly including the cause,facts and controversial opinions on case treatment,controversial focuses of the case and the extended issues.This part focuses on the elaborations on different opinions on whether the employment relationship between the laborers and the employing unit is automatically terminated when the laborers reach the statutory retirement age and concludes that the controversial focus of this case is whether the statutory retirement age is an inevitable barrier in labor relations,which involves the protection of the labors’ basic endowment insurance treatment.Part Two makes the probation into the public law involved in this case and begins the elaborations from the issues involved in this case.The parts attempts to analyze the issues reflected in this case in the public law’s view such as the constitution from the perspective of labor rights,retirement right,social security rights and social security system,which aims to disclose that the essential issue in the labors’ basic endowment insurance treatment is the citizens’ retirement right,deepen the meaning of the retirement rights in the public law therefrom,clarify the significance of the retirement rights as the constituent of social security rights and further lay the foundation for the following legal thoughts on the safeguard of the citizens’ retirement right.Part Three Improving system in the public law’s view.Guided by the national obligation theory of the social rights,thinking from the realization of the safeguard of retirement right,standing on the right to achieve the overall system.First from the point of retirement as a social rights national security obligations reflect the defects of retirement right system security.Through the repeat unit of choose and employ persons to escape endowment insurance compensation techniques,proposes the suggestions for improvement of the safeguard of retirement right.