被征地农民养老保险法律问题研究

发布时间：2018-08-20 20:26

【摘要】：我国城镇化、工业化发展过程的推进,使土地被大量征收,农民失去土地,被征地农民的数量也越来越多,使各地都建立了不同的被征地农民养老保险的模式。如何完善处理好这些衔接问题需要新制度构建新体系,使农村社会养老保障制度得到进一步推进。被征地农民养老保险由于法律定位不清,性质不明,各地方处于各自为战,各搞一套的混乱状态之中。有的地方把被征地农民保险当做社会保险办,有的地方交给商业保险,做法不一,形式各异,在实际运行中产生了这样那样的问题。当前被征地农民也存在着与城镇职工基本养老保险、城镇居民社会养老保险、农村居民社会养老保险之间有着不协调不衔接的法律问题。在当前社会保障制度相对滞后的情况下,如果不能解决被征地农民养老保障问题,就意味着被征地农民在年老丧失劳动能力以后将会成为家庭和社会的沉重负担,最终将会危及社会稳定。如果这些问题不能妥善处理,完善和改善现有的被征地农民养老保险制度,这将会影响到全国被征服农民生活公平正义的实现和全社会的和谐稳定。经济和社会的快速发展,必然要不断将大量农民土地转为建设用地,因为土地被征用而丧失生存保障的农民将会越来越多,而他们普遍文化程度低,缺乏其他就业技能。在人口老龄化和社会少子化大趋势之下,传统的家庭养老方式已经无法同社会现实相适应,因此建立和完善社会化养老保险体系,作为推行社会化养老方式的经济基础,就显得十分必要而且是迫在眉睫的事情。
[Abstract]:With the development of urbanization and industrialization, land has been expropriated in large quantities, farmers have lost their land, and the number of peasants who have been expropriated has become more and more, which has led to the establishment of different modes of pension insurance for peasants who have been expropriated. How to deal with these problems well requires the new system to build up a new system, so that the rural social old-age security system can be further promoted. Because of the unclear legal position and unclear nature, the land-expropriated farmers' endowment insurance is in a state of chaos. Some places take the insurance of peasants who have been requisitioned as social insurance offices, and some places give it to commercial insurance. The practices are different and the forms are different, and this kind of problem has arisen in the actual operation. At present, the peasants who have been expropriated also have the legal problems of disharmony and disconnection with the basic old-age insurance for urban workers, the social old-age insurance for urban residents and the social old-age insurance for rural residents. With the current social security system lagging behind, if we cannot solve the problem of the old-age security of the peasants who have been expropriated, it means that the peasants who have been expropriated will become a heavy burden on the family and the society after they become old and incapacitated. In the end, social stability will be jeopardized. If these problems can not be properly handled and the existing endowment insurance system for peasants who have been expropriated will be perfected and improved, this will affect the realization of fairness and justice in the life of the whole nation's conquered peasants and the harmony and stability of the whole society. With the rapid development of economy and society, a large number of farmers' land must be converted into construction land. More and more farmers will lose their survival security because of the expropriation of land, and their general education level is low, and they lack other employment skills. Under the trend of aging population and minority children, the traditional family old-age care system has been unable to adapt to the social reality. Therefore, the establishment and improvement of the socialized old-age insurance system is the economic basis for the implementation of the socialized old-age pension system. It is necessary and urgent.
【学位授予单位】：长春工业大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.182.3;F323.89;F842.67

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