城乡居民基本养老保险立法研究
发布时间：2018-10-30 19:20
【摘要】：我国在1999年正式进入老龄社会,并进入加速老龄化时期。到2014年,我国60岁以上老年人口达到2亿,2025年将突破3亿。社会养老问题成为老百姓最关注同时也是亟需政府解决的重大民生问题。一直以来,我国对于城乡实施的是有差别的社会养老保险制度,导致了社会不公的进一步拉大。2014年2月21日,国务院下发《关于建立统一的城乡居民基本养老保险制度的意见》,开始在全国实施统一的城乡居民基本养老保险制度。实施城乡统一的社会养老保险制度是我国社会养老保险制度发展史上的一个转折点,具有里程碑式的特殊意义,有利于加快社会保障城乡统筹步伐,逐步缩小城乡差距,实现基本公共服务均等化,对于拉动消费、鼓励创新创业、促进经济发展具有重要作用。同时,也有利于提高广大老百姓对社会的认同感和安全感,有利于实现社会的和谐稳定。我国社会养老保险制度长期依靠政策和大量的文件推进,容易受政治、经济等情况变化的影响。尽管2011年7月1日起开始施行的《社会保险法》首次确立了社会保险的基本制度框架,以法律形式确立我国覆盖城乡全体居民的社保体系,填补了我国在社会保障方面的立法空白,但由于《社会保险法》是一部社会保险综合法,对于规范基本养老保险而言显得过于空泛。社会养老保险立法工作的滞后已经影响到我国社会养老保险事业的健康快速发展。城乡居民基本养老保险是我国社会保障事业不可或缺的部分,对城乡居民基本养老保险立法有关问题进行深入的探讨和研究,并结合我国国情,提出立法建议,对于解决城乡居民基本养老保险制度可能面临的一系列难题,探索出一条符合中国实际、可持续发展的城乡居民基本养老保险之路具有重大的理论意义和实践意义。也有助于增强理论界对该问题的关注,完善现有的社会养老保险法律制度理论体系,为我国社会养老保险事业乃至整个社会保障事业的进一步发展提供理论参考。本文综合运用理论与实践相结合方法、历史研究方法以及比较分析法等研究方法,对我国城乡居民基本养老保险立法问题进行了比较全面系统的研究。以历史研究的方法,大致梳理了我国城乡居民社会养老保险制度的发展过程。通过理论分析、实证分析和比较分析的方法,研究我国城乡居民社会养老保险在实践中取得的成绩和存在的不足,对我国现阶段城乡居民基本养老保险立法的必要性和可行性进行了分析。最后得出结论,我国目前可以选择由国务院进行行政立法,制定《城乡居民基本养老保险条例》,从适用范围和对象、基金筹集、基金的管理和投资运营、基金的待遇给付、基金的监督、养老保险关系转移接续与制度衔接、法律责任等七个方面进行规范的方式,解决城乡居民社会养老保险立法缺位问题。
[Abstract]:China formally entered the aging society in 1999, and entered the accelerated aging period. By 2014, China's elderly population over 60 years old reached 200 million, 2025 will exceed 300 million. The issue of social pension has become the most concerned by ordinary people, and it is also an important livelihood issue urgently needed to be solved by the government. China has been implementing a differentiated social pension insurance system for both urban and rural areas, which has led to a further widening of social injustice. On February 21, 2014, The State Council issued the "opinions on establishing a unified basic old-age insurance system for urban and rural residents" and began to implement a unified basic old-age insurance system for urban and rural residents throughout the country. The implementation of the unified social old-age insurance system in urban and rural areas is a turning point in the history of the development of social endowment insurance system in China. It has a special significance of milestone, which is conducive to speeding up the pace of urban and rural social security planning and gradually narrowing the gap between urban and rural areas. Equalization of basic public services plays an important role in stimulating consumption, encouraging innovation and entrepreneurship, and promoting economic development. At the same time, it also helps to improve the common people's sense of social identity and sense of security, and to achieve social harmony and stability. The social old-age insurance system of our country has been promoted by policies and lots of documents for a long time, which is easily influenced by the changes of politics, economy and so on. Although the Social Insurance Law, which has been in force since July 1, 2011, has for the first time established the basic institutional framework of social insurance, and the social security system covering all urban and rural residents in China has been established by law. It has filled in the blank of legislation on social security in our country, but because the Social Insurance Law is a comprehensive law of social insurance, it is too general to standardize the basic old-age insurance. The lag of social endowment insurance legislation has affected the healthy and rapid development of social endowment insurance in China. The basic old-age insurance for urban and rural residents is an indispensable part of social security in China. This paper makes a thorough discussion and study on the legislative issues related to the basic old-age insurance for urban and rural residents, and puts forward legislative suggestions in the light of the national conditions of our country. It is of great theoretical and practical significance to solve a series of difficult problems that the basic old-age insurance system of urban and rural residents may face, and to explore a road of basic old-age insurance for urban and rural residents that conforms to China's reality and sustainable development. It also helps to strengthen the theoretical concern of the problem, improve the existing legal system of social endowment insurance, and provide a theoretical reference for the further development of social endowment insurance and even the whole social security in China. This paper makes a comprehensive and systematic study on the legislation of basic old-age insurance for urban and rural residents in China with the methods of combining theory and practice, historical research and comparative analysis. With the method of historical research, this paper roughly combs the development process of social endowment insurance system of urban and rural residents in China. By means of theoretical analysis, empirical analysis and comparative analysis, this paper studies the achievements and shortcomings of social endowment insurance for urban and rural residents in China. This paper analyzes the necessity and feasibility of basic endowment insurance legislation for urban and rural residents in China. Finally, it is concluded that at present, China can choose the State Council to carry out administrative legislation, formulate the regulations on basic Endowment Insurance for Urban and Rural residents, from the scope and objects of application, fund raising, fund management and investment operation, fund treatment and payment. The supervision of the fund, the connection of the pension insurance relationship with the system, the legal responsibility and so on seven aspects of normative ways to solve the urban and rural residents of social pension insurance legislation vacancy.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.182.3
本文编号：2300925
[Abstract]:China formally entered the aging society in 1999, and entered the accelerated aging period. By 2014, China's elderly population over 60 years old reached 200 million, 2025 will exceed 300 million. The issue of social pension has become the most concerned by ordinary people, and it is also an important livelihood issue urgently needed to be solved by the government. China has been implementing a differentiated social pension insurance system for both urban and rural areas, which has led to a further widening of social injustice. On February 21, 2014, The State Council issued the "opinions on establishing a unified basic old-age insurance system for urban and rural residents" and began to implement a unified basic old-age insurance system for urban and rural residents throughout the country. The implementation of the unified social old-age insurance system in urban and rural areas is a turning point in the history of the development of social endowment insurance system in China. It has a special significance of milestone, which is conducive to speeding up the pace of urban and rural social security planning and gradually narrowing the gap between urban and rural areas. Equalization of basic public services plays an important role in stimulating consumption, encouraging innovation and entrepreneurship, and promoting economic development. At the same time, it also helps to improve the common people's sense of social identity and sense of security, and to achieve social harmony and stability. The social old-age insurance system of our country has been promoted by policies and lots of documents for a long time, which is easily influenced by the changes of politics, economy and so on. Although the Social Insurance Law, which has been in force since July 1, 2011, has for the first time established the basic institutional framework of social insurance, and the social security system covering all urban and rural residents in China has been established by law. It has filled in the blank of legislation on social security in our country, but because the Social Insurance Law is a comprehensive law of social insurance, it is too general to standardize the basic old-age insurance. The lag of social endowment insurance legislation has affected the healthy and rapid development of social endowment insurance in China. The basic old-age insurance for urban and rural residents is an indispensable part of social security in China. This paper makes a thorough discussion and study on the legislative issues related to the basic old-age insurance for urban and rural residents, and puts forward legislative suggestions in the light of the national conditions of our country. It is of great theoretical and practical significance to solve a series of difficult problems that the basic old-age insurance system of urban and rural residents may face, and to explore a road of basic old-age insurance for urban and rural residents that conforms to China's reality and sustainable development. It also helps to strengthen the theoretical concern of the problem, improve the existing legal system of social endowment insurance, and provide a theoretical reference for the further development of social endowment insurance and even the whole social security in China. This paper makes a comprehensive and systematic study on the legislation of basic old-age insurance for urban and rural residents in China with the methods of combining theory and practice, historical research and comparative analysis. With the method of historical research, this paper roughly combs the development process of social endowment insurance system of urban and rural residents in China. By means of theoretical analysis, empirical analysis and comparative analysis, this paper studies the achievements and shortcomings of social endowment insurance for urban and rural residents in China. This paper analyzes the necessity and feasibility of basic endowment insurance legislation for urban and rural residents in China. Finally, it is concluded that at present, China can choose the State Council to carry out administrative legislation, formulate the regulations on basic Endowment Insurance for Urban and Rural residents, from the scope and objects of application, fund raising, fund management and investment operation, fund treatment and payment. The supervision of the fund, the connection of the pension insurance relationship with the system, the legal responsibility and so on seven aspects of normative ways to solve the urban and rural residents of social pension insurance legislation vacancy.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.182.3
【参考文献】
相关期刊论文 前2条
1 岳宗福;;城乡养老保险一体化的制度设计与路径选择[J];山东工商学院学报;2009年03期
2 庹国柱,朱俊生;国外农民社会养老保险制度的发展及其启示[J];人口与经济;2004年04期
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