德国农民养老保险法律制度的变迁及启示
发布时间：2018-07-30 06:22
【摘要】： 农村社会养老保险是农村社会保障体系的重要组成部分,对于深化农村改革,保障农民利益、解除农民后顾之忧和落实计划生育基本国策、促进农村经济发展和社会稳定,都具有深远意义。改革开放以来,我国农村社会养老保险工作取得了相当大的成就,但制度本身的缺陷和农村社会出现的新情况新问题,使我国新型农民养老保险的构建面对极大的挑战。而德国是世界上最早建立农民养老保险制度的国家,经过几十年的运行,形成了有益的模式和良好的理念,因此,本文试图从德国农民养老保险法制度的历史变迁入手,分析其特点、成因和效用,追寻农民养老保险法制度运行的客观规律,从中得到启示,进而为探究构建适合中国国情的农民养老保险法提供制度和理念借鉴。 本文共分四个部分： 第一部分是20世纪德国农民养老保险法制度的建立。主要从背景、制度形成和效用三个方面对德国农民养老保险法制度进行考察,得出的结论是,德国农民养老保险法制度是在欧洲农业一体化政策下,为解决农业结构、保障老年农民权益、提高农业生产竞争力而推出的法律制度保障。 第二部分是20世纪德国农民养老保险法制度的特点及成因探析。在历史变迁中,20世纪德国农民养老保险法制度形成以下特点：性质上的强制和补充并用,价值上公平和效率兼顾,筹付上保障和社会效用并重,管理上统一和自治结合。这些特点的生成有赖于德国强大经济实力的保证,社会市场经济理论的引领,农业经营特许的要求和联邦制国家体制的影响。 第三部分是新世纪德国农民养老保险法制度的转换。20世纪70年代以来,德国经济进入滞胀时期,政府财政负担过重直接威胁农民养老保险福利。加之,农业人口老龄化加剧和农村劳动力锐减负面冲击农民养老保险体制的有序运行,德国对农民养老保险法制度进行了调整。调整后的农民养老保险法制度有以下特点：筹付上,提高与降低并行；举办上,多元化并立,鼓励农民投保私人养老保险,以期实现农民养老保障多元化支柱建设。 第四部分是完善我国农民养老保险法律制度的建议。这一部分是在总结我国农民养老保障法制度得失的基础上,分析了我国现行农民养老保险法制度存在的缺陷和面临的困境。受德国农民养老保险法制度的启示,文章提出了建立和完善我国农民养老保险制度的举措：制定独立《农民养老保险法》；设计科学的农民养老保障法制度；倡导家庭与社会并行养老法观念。
[Abstract]:The rural social endowment insurance is an important part of the rural social security system. It can promote rural economic development and social stability by deepening rural reform, protecting farmers' interests, relieving peasants' worries and implementing the basic national policy of family planning. All have far-reaching significance. Since the reform and opening up, great achievements have been made in the rural social endowment insurance in our country, but the defects of the system itself and the new situation and new problems in the rural society make the construction of the new-type peasant old-age insurance in our country face great challenges. Germany is the first country in the world to establish the peasant old-age insurance system. After several decades of operation, it has formed a beneficial model and a good idea. Therefore, this paper attempts to start with the historical changes of the German peasant pension insurance law system. This paper analyzes its characteristics, causes and utility, pursues the objective law of peasant old-age insurance law system operation, obtains inspiration from it, and then provides the system and idea reference for exploring the construction of peasant old-age insurance law suitable for China's national conditions. This paper is divided into four parts: the first part is the establishment of German farmers pension insurance system in the 20 th century. Mainly from the background, institutional formation and effectiveness of the German farmers pension insurance system, the conclusion is that the German farmers pension insurance system is under the European agricultural integration policy, in order to solve the agricultural structure. To protect the rights and interests of the elderly farmers, and improve the competitiveness of agricultural production and the introduction of legal system protection. The second part is the 20 th century German farmers pension insurance system characteristics and causes. In the 20th century, the German peasant endowment insurance law system formed the following characteristics: compulsory and complementary in nature, fair and efficient in value, equal emphasis on security and social utility, unity of management and autonomy. The formation of these characteristics depends on the guarantee of Germany's strong economic strength, the guidance of the theory of social market economy, the demand of agricultural franchise and the influence of the federal state system. The third part is the transformation of the old-age insurance system of German farmers in the new century. Since the 1970s, the German economy has entered a stagflation period, and the excessive financial burden of the government directly threatens the welfare of the peasants' pension insurance. In addition, the aggravation of the agricultural population and the negative impact of the sharp reduction of rural labor force on the orderly operation of the rural old-age insurance system, Germany has adjusted the system of the farmers' old-age insurance law. The adjusted law system of peasants' endowment insurance has the following characteristics: raising the funds, raising them and lowering them; holding them together, encouraging farmers to take out private pension insurance, in order to realize the construction of diversified pillar of peasants' old-age security. The fourth part is to perfect our country farmer endowment insurance legal system suggestion. This part is on the basis of summing up the gain and loss of our country farmer endowment security law system, has analyzed our country present farmer endowment insurance law system existence flaw and the predicament which faces. Inspired by the German Peasants' Pension Insurance Law, the article puts forward some measures to establish and perfect the peasant old-age insurance system in our country: to formulate the independent Peasant Pension Insurance Law, to design the scientific peasant old-age insurance law system, and to design the scientific peasant old-age insurance law system. To advocate the concept of family and social parallel pension law.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D951.6;DD912.1
本文编号：2154084
[Abstract]:The rural social endowment insurance is an important part of the rural social security system. It can promote rural economic development and social stability by deepening rural reform, protecting farmers' interests, relieving peasants' worries and implementing the basic national policy of family planning. All have far-reaching significance. Since the reform and opening up, great achievements have been made in the rural social endowment insurance in our country, but the defects of the system itself and the new situation and new problems in the rural society make the construction of the new-type peasant old-age insurance in our country face great challenges. Germany is the first country in the world to establish the peasant old-age insurance system. After several decades of operation, it has formed a beneficial model and a good idea. Therefore, this paper attempts to start with the historical changes of the German peasant pension insurance law system. This paper analyzes its characteristics, causes and utility, pursues the objective law of peasant old-age insurance law system operation, obtains inspiration from it, and then provides the system and idea reference for exploring the construction of peasant old-age insurance law suitable for China's national conditions. This paper is divided into four parts: the first part is the establishment of German farmers pension insurance system in the 20 th century. Mainly from the background, institutional formation and effectiveness of the German farmers pension insurance system, the conclusion is that the German farmers pension insurance system is under the European agricultural integration policy, in order to solve the agricultural structure. To protect the rights and interests of the elderly farmers, and improve the competitiveness of agricultural production and the introduction of legal system protection. The second part is the 20 th century German farmers pension insurance system characteristics and causes. In the 20th century, the German peasant endowment insurance law system formed the following characteristics: compulsory and complementary in nature, fair and efficient in value, equal emphasis on security and social utility, unity of management and autonomy. The formation of these characteristics depends on the guarantee of Germany's strong economic strength, the guidance of the theory of social market economy, the demand of agricultural franchise and the influence of the federal state system. The third part is the transformation of the old-age insurance system of German farmers in the new century. Since the 1970s, the German economy has entered a stagflation period, and the excessive financial burden of the government directly threatens the welfare of the peasants' pension insurance. In addition, the aggravation of the agricultural population and the negative impact of the sharp reduction of rural labor force on the orderly operation of the rural old-age insurance system, Germany has adjusted the system of the farmers' old-age insurance law. The adjusted law system of peasants' endowment insurance has the following characteristics: raising the funds, raising them and lowering them; holding them together, encouraging farmers to take out private pension insurance, in order to realize the construction of diversified pillar of peasants' old-age security. The fourth part is to perfect our country farmer endowment insurance legal system suggestion. This part is on the basis of summing up the gain and loss of our country farmer endowment security law system, has analyzed our country present farmer endowment insurance law system existence flaw and the predicament which faces. Inspired by the German Peasants' Pension Insurance Law, the article puts forward some measures to establish and perfect the peasant old-age insurance system in our country: to formulate the independent Peasant Pension Insurance Law, to design the scientific peasant old-age insurance law system, and to design the scientific peasant old-age insurance law system. To advocate the concept of family and social parallel pension law.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D951.6;DD912.1
【引证文献】
相关硕士学位论文 前2条
1 张峗;我国农村社会养老保险问题研究[D];山东大学;2011年
2 聂春丽;完善新型农村养老保险制度的法律思考[D];新疆财经大学;2012年
，本文编号：2154084
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