Research On Legal Issues Of Rural Resident Old-age Right Protection

With the Communist party's fifth plenary session of the sixteenth central committee of the "city supporting rural" policy put forward,China's rural social development of the degree of attention is gradually deepened.In 2014,the protection of the rights and interests of rural residents have been achieved leapfrog development,the State Council issued a "unified urban and rural residents on the establishment of the basic old-age insurance system views",thus criticized many years of urban residents endowment insurance and new rural residents social pension insurance initially realized unified.However,the unity of the pension system in the form can not fully achieve the purpose of ensuring the rights and interests of the rural residents,also,there are still many problems in the social endowment insurance of urban and rural residents.This paper consists of four parts,from the perspective of rural social endowment insurance,and inquiries into the legal problems existing in the protection of the rights and interests of the rural residents in our country and puts forward the corresponding idea of system improvement.The first part is a brief definition of the protection of the rights and interests of rural residents.Firstly,it states the theoretical basis of the pension rights and interests protection.Secondly,it briefly introduces the way of the rural old-age's care in the current system,including the non-government intervention-oriented pension in the form of self-saving and family pension,as well as the Rural minimum living guarantee,rural home pension,rural institutions pension and rural social endowment insurance as the main form of government intervention pension.It is inferred that China has formed a relatively sound system of guaranteeing the rights and interests of the rural old-age's rights and has continuously developed new rural residents' old-age way according to the development of society and the change of environment.The second part combs the value of China's rural social endowment insurance and legal system.First of all,introduces the the unique value of endowment insurance--the value of social thought,that is,the state should protect people's right of social life,and undertake certain responsibility;Secondly combs the main content of China's rural social endowment insurance,through the comparative analysis shows that China's rural social endowment insurance legal system of high level of proctection,rich in content,and operable.Therefore,in the context of modern society,the rural social endowment insurance is the main way to safeguard the rights and interests of rural residents endowment.The third part analyzes the legal issues of current rural social endowment insurance in our country.First of all,through the statistics of the provinces and cities,finds that most of the provinces and cities in rural areas minimum living security are higher than the rural social endowment insurance,we can see China's rural social endowment insurance and rural minimum living security of the basic functions of inverted,endowment insurance can not be fully protected the basic life of the elderly in rural areas;Secondly,the rural social endowment insurance is not reasonable.Through the introduction of the concept of pension replacement rate,we know that China's pension replacement rate is far less than the international average standard,which shows that China's rural endowment insurance shows a low level and wide coverage of the characteristics,can not meet the old-age insurance;Finally,after the merger of urban and rural residents in the social endowment insurance,there is still an unfair phenomenon between the city and the countryside,which violates the substantive fairness,the real fairness is not in the implementation of the standard is completely unified,but rather Need to make up for the rural social endowment insurance this short board,in order to achieve the support of vulnerable groups.The fourth part puts forward the Suggestions of perfecting the legal system of country's rural social endowment insurance.Firstly,formulates special laws and regulations of rural society endowment insurance,and emphasizes that should have ginseng mandatory,to improve the actual rates of parcipation of rural residents;Secondly,establishes a specialized legal supervision of rural society endowment insurance institutions,to strengthen the supervision of rural endowment insurance agencies,be ware of civil servants to tangled web;Finally,increases the channels of rural residents in the old-age insurance in the legal relief,and effectively protects the rural residents' Pension rights.