On the aging of the population on the context of improving China's rural social old-age security Legal System _ net write papers

Network to write papers: Paper Keywords: population aging, the legal system in rural old-age security
Abstract: In our society has entered the aging of the population today, the rural social old-age security is becoming increasingly prominent from the Ministry of Civil Affairs officially introduced in 1992 <<county tomb of the rural social old-age insurance program) (Trial), China's rural social old-age pension protection of the legal system has taken shape due to the legal system of rural social old-age security legislation of a lower level, the legal relationship is unclear, factors such as lack of government responsibility, making the current rural social old-age security system could not perform its functions effectively. should develop a higher rank The rural social old-age security Laws, streamline the legal relationship of rural social old-age security, a clear relationship between rural social old-age security Law the main responsibility for the real farmers of old-age security problem to solve.

China is a predominantly rural population in developing countries, farmers account for 63.91% of the population, rural elderly accounting for 75% of the elderly population sample survey according to the National Bureau of Statistics data show that as early as 1998, the country's aging coefficient 7.4%, the aging of step one has the list of countries (age coefficient of 7%). At present, China's rural population over the age of 60 about $ 100 million. This reality means that China's pension problems, the most important and most outstanding issues should be the rural pension. Since the pension system as a solution to the problem of rural old-age main tool in recent years made great achievements, but the cities and the current slow development of China's rural social old-age pension, old-age security is still a very prominent social problem. How in the population aging of China, 900 million farmers to solve the pension problem, which is currently facing huge problems. To solve this problem and further improve the legal system of course is the most important prerequisite and basis for this paper on the legal norms of the research into the way of the rural social old-age security of the legal system.

First, China's rural social old-age security overview of the legal system
Rural social old-age security refers to the state and society in accordance with Law, imposed in the rural old-age insurance, the formation of a special rural social pension insurance fund, due to old age and incapacity of the rural social workers provide some form of material help to protect their basic living needs of social insurance in the form n! rural social old-age security is to regulate the legal system all legal relations in the field of legal norms from the Ministry of Civil Affairs officially introduced in 1992 (county-level rural social endowment insurance, basic program>> (Trial ) (hereinafter referred to as "basic program>>) and to local governments have to develop according to local conditions of rural social old-age security issued by the local regulations and local government regulations, present, China has initially formed a <<basic program> > as the core of the legal system of rural social old-age security system from the legal system of rural social old-age security point of view, I believe that the main should have the following characteristics:
First, the legal relationship between the diversification of rural social old-age security are mainly to protect the basic livelihood of the farmers for the purpose of old government actions, reflecting the government to compensate for market failure, optimize resource allocation, intent; while the rural social old-age security fund increasing the value of function, security funds to implement market-oriented operation. day, therefore, the rural social old-age security as both "public" and "private" nature of the activity. this legal system of rural social old-age security of this feature is also shown that public and private Law are intertwined administrative, Civil and commercial legal relationship between integration in the rural social old-age security in the legal system, including not only the legal status of vertical inequality between the main administrative legal relations, including horizontal rural social endowment insurance legal relationship of these Laws relationship or their own independent existence, or criss-cross together into a unified relationship with each other.

Second, diversification, specific technology in rural social old-age security is a systematic and complex project, involving the national macro-control of their behavior, social security institutions for the establishment of rural social old-age security, management, operation, supervision dispute resolution and other operations as well as the behavior, and organizational unit-based collective farmers in rural social old-age security for the behavior, the behavior of the farmers own insurance, etc., so in the rural social old-age security in the legal system, which includes not only the main countries, the rural collective organizations , the implementation of pension management institutions, the insured farmers, including fund management institutions, agencies and oversight bodies, showing diverse characteristics. Moreover, these subjects are in the legal norms in particular. If at all levels, through various types of social insurance institutions authorized by the state law on rural social old-age insurance for specific management, professional fund management companies by the insurance sector will be commissioned by DU to implement the insurance function of increasing the value of the fund, the account of non-urban farmers is limited for rural social endowment insurance object.

Third, harmonization of rights and obligations according to the Marxist theory of law, rights or implied in the legal norms, in order to achieve the subjects of legal relations as a relatively free way to get benefits or not as a means; obligations set or implied in the legal norms, the subjects of legal relations to achieve a relatively suppressed as a way to protect the rights or not as the main benefit of a constraint means Yan rights and obligations is a unity of opposites, they are both against each other, exclusion, and interdependent, through their existence and development must be based on the existence and development of other conditions. harmony refers to the formation of various contact systems overall coordination Court of rural social old-age security is the country's basic policy, depending in the country's strong support in the rural social old-age security in the legal system, legislators, taking full account of the state, collectives and individuals in three areas of interest, according to China's basic national conditions, a reasonable allocation between the main rights and obligations, increased a government responsibility, empowerment of the individual more rights. rural social old-age security in the legal system more reflect the state of social old-age security relationship between the administration, due to the unequal status between subjects, their rights (authority) and obligations (responsibility) is not of a neat, but with the harmony.

China's rural social old-age security legal system from 1992 up to today, the role is yes, but we should also clearly see that in our reality, the legal system of old-age security in rural areas there are still many problems that exist due to a Which, by the manner in which progressive solution is the core of this study.

Second, the problems and lack of
First, the legislative level is not high, can not be uniform application of legal norms. Our existing rural social old-age security specifically regulate the highest level of legal norms is the Ministry of Civil Affairs <<basic program>> and the Ministry of Agriculture <<township enterprise workers pension insurance schemes >> two departmental regulations, the other is mainly based on the local "basic program>> established by local regulations and local government regulations, and a number of normative legal documents.'s clear from the legislation in terms of rank, the rural social old-age security legislation effect level is too low, coupled with the content of these laws and regulations vary for different localities in the implementation process in their own ways, the result makes our whole rural social old-age security system is not unified planning, disorganized, lack of authority. In the absence of high-order legal protection, farmers' lack of trust of old-age security, a direct impact on rural social old-age security work.

Second, the legislation is not perfect, is lack of or unreasonable. Whether it is <<Basic program "or local laws and local government regulations on rural social old-age security requirements have become too rough, by analyzing the (basic program>> and the local laws and local government regulations, I believe that the existing rural social old-age security in the content of the legal system is a major lack of:
1. The legal relationship is unclear. The legal relationship between rural social old-age security complex, both the administrative relations between equal entities have a Civil legal relationship established by the Ministry of Civil Affairs <<basic program), for the management of rural social old-age security institutions, management institutions and agencies, between agencies and other payment obligations of the legal relationship between the main provisions of the less specific, and mainly some general requirement, which leads to <<basic program>> in the specific implementation with great difficulties.

2 countries, the lack of collective responsibility for the organization <<Basic While the program>> Although the provision of rural social old-age security to raise funds adhere to the "individual-based pay, collective benefits, supplemented by the state to give policy support" principle, but in In practice, the Government does not give financial support, the collective (including township enterprises) subsidies will ring hollow. because of our country since 1979, the majority of rural areas, the production contract responsibility system, the collective sharp economic decline, has basically been out of the stage of history, is the existing township and village enterprises, most have also been privatized. therefore, bear the subsidies by the rural collective responsibility of the organization has become less realistic. As a result, the rural pension system into a truly "personal savings protection. do not have the co-ordination of Freemasonry is impossible for farmers to social security in old age.

3 difficulty increasing the value of the Fund, the Fund absence of devaluation risk-takers. Old-age pension protection fund to protect farmers fundamental <<basic program>> provides old-age security fund can only be used to purchase bonds issued by the state finance or in the bank in the bond and bank interest reduced several times in the case, such a provision limiting the direct fund operating room, severely restricted the ability of increasing the value of the fund. and because the farmers to fulfill the obligation to pay the insurance money and enjoy pension rights are four decades, the gap insurance will inevitably face the risk of currency devaluation, who will assume the unknown risk? law does not clearly defined.

4. No legal liability, according to Legal responsibility is to ensure that rural social endowment insurance, the healthy development of strong backing, while <<basic program>> does not include the relationship of the rural social old-age security law violations occurred, the settlement of disputes and other disputes to be clearly defined, arbitration and judicial institutions is hard to determine right and wrong, no laws.

Third, the problems of the Causes of
First, the rapid social transformation, specific legislation lags behind. Affected by the legal community as the macro environment, but also restricts the effective operation of the law. In with the current rural urbanization, land and gradually reduced, weakening the collective economic organizations, protection functions, family size, aging population, Xiao-old pension dilute the moral values ​​and the phenomenon of rural to urban migration, the emergence and development of rural society has changed dramatically, resulting as landless peasants, migrant workers and other new pension between the main title of the existing legal system by the torture over the past ten years, the various elements of rural society has undergone significant changes, established in 1992 <<basic program>> object in the insurance, and paid age, payment standards, fund management, value-added channel, sources of funding and other issues set up, can not meet the applicable requirements of the current social, Japan demonstrated a serious lag, although our government is actively exploring the development of rural social old-age security system, but the lag for the rural old-age security legislation has become an obstacle to rural social old-age security career development and indisputable fact.

Second, the passive attitude of the negative impact of the rural social old-age security system in the development of legal
From a historical point of view, has long been our government's strategic objectives in the rural areas is the development of rural economy and not improve the rural social security system in the State pension for rural residents who rely on family and not as a recognition of the attitude, little attention to urban residents as the same attention to farmers' old-age security pension problems. has long since since 1986 to explore the rural social old-age security, but the central policy level, this problem has been in discussions and the pilot phase, nearly 20 years, not much progress, the Government in rural areas the social construction of old-age security system is passive, with a significant short-term characteristics.

From the rural social old-age security legislation, in recent years although the government has called on the party and the importance of rural social old-age security work, but the legislation has not been given due attention. Rural social old-age security as a relationship to people's livelihood, and to implemented within society as a whole system, should the law by the state legislature (in this case refers only to the NPC and its Standing Committee promulgated) in the form of specifications. China's rural social old-age security work from $ 0 years since the implementation since there is no one special regulate rural social old-age security laws, there are only department regulations, local regulations and other such low-level legal norms. and these departmental rules and local laws and regulations, as the legislative process is not strict, arbitrary large, normative is not strong, leading to a lot of "coverage gap"; coupled with technological backwardness was the legislative, legal system, poorly designed, causing rural social old-age security in a specific operation can not follow, according to law is difficult. Moreover, the rural social old-age security system has several changes the lack of unity, continuity and therefore, the existing rural social old-age security system, the lack of legal authority. Links to free download http://www.hi138.com Fourth, the end of China's rural social old-age security police the legal system thinking
Law as a regulator of social relations, is to identify, protect and develop a favorable ruling class, social relations and social order of the tool. Pz to resolve the current legal system of China's rural old-age security problems, truly rural social old-age security can be continuity, the only viable approach is to as quickly as possible by the NPC or its Standing Committee to develop an effective, high rank <<rural social old-age security law. "Since the purpose of the authority of law and legal order of integration comes from the legal system more efficient design. Thus, in the development of <<rural social old-age security law) should pay attention to the following questions:
First, straighten out the legal relationship of rural social old-age security is a legal relationship between the legal norms of the rural social old-age security in rural social old-age security in the adjustment process of the formation of relations between subjects of rights and obligations, we believe that the (rural social old-age security law >>, should mainly reflect the following three types of legal relations:
1. The administration of rural social old-age security of legal relations in rural social old-age security is a legal relationship between the administration of rural social old-age security authorities during the administration of rural social old-age security in the process, and management between the relative form of social relations. specific performance: the rural social old-age security authorities on the relationship between different levels of administration; rural social old-age security authorities and organizations of rural collective relationship between the administration; rural social old-age security is to protect competent authorities and the people (farmers) of relationship between the administration.


(2) rural social old-age security handling legal relationship of rural social old-age security is handling the legal relationship of rural social old-age security agencies in handling the process of social old-age security, and rural collective organizations and the protection of people (farmers) and the Fund operators of social relations between, such as protection fee collection, operation and management of the fund, the old age pension, etc. rural social old-age security handling of the legal relationship of rural social old-age security relationship is the most common and frequent social relations.

3 rural social old-age security supervision of legal relations in rural social old-age security is a legal relationship between the supervision of rural social old-age security watchdog in monitoring the management of rural social old-age security, the work occurred during the handling of social relations. Supervision was mainly targeted at the rural community old-age security agencies and fund management institutions, supervision will focus on the relevant laws, regulations and policies, implementation, management and operation of pension funds, etc. is also essentially an administrative legal relations.

Second, strengthen government accountability. Institution building, especially in the core of the social security system so that the construction is beyond the capacity of the farmers themselves. Construction of rural social old-age security system, is an important measure to compensate for market failure, but also the state must bear an important responsibility. (rural social old-age security method>> from the following aspects of the national old-age security in rural social obligations should make provision for:
1 fund-raising responsibilities. Rural social old-age security fund by the state and individuals share the raising of the international common practice, such as Japan, Germany, Poland and other countries clearly defined laws to protect farmers' pension funds or one-third comes from government finance major German public law Scholars Winkler (GW ink-ler) in the study of EU farmers the financial position of pension made: "No social security institutions to bear the light on the payment of pension expenditure of the farmers, they need to rely on government subsidies and other ways to subsidize. "countries in the development of rural social old-age security instructions to establish a stable income for farmers' groups in this society there is no state funds out of old-age security is impossible, and, our" Constitution>> clearly defined : "The PRC citizens in old age, illness and disability cases, from the state and society the right to material assistance." Therefore, the rural social old-age security should receive government financial support (rural social old-age security method> > should be a clear government commitment to the funding ratio of General Government funded ratio is based around the level of economic development to determine the economically underdeveloped regions, the proportion of government funding than in economically developed areas.

(2) pension payments to farmers to make a final guarantee. Rural social old-age security fund are generally institutional investors, professional fund management operation, to achieve the purpose of increasing the value in fact experts in financial management are also at risk, for which the Government should bear the ultimate guarantee. <<Rural social old-age security method>> should be required: When the fund management company fund returns lower than the national minimum rate of return, the fund management company to make up the difference with its own funds, lack of commitment by the government when the fund management bankruptcy, the insured a minimum old-age security payments paid by the government bear the ultimate responsibility.

Thirdly, to ensure the rights of farmers and farmers in the rural social old-age security in most legal systems
The main subject is the country's implementation of the direct beneficiaries of this policy. The people of their rights mainly in old age, able to receive old-age security payments to protect their basic livelihood. In order to ensure the realization of farmers' pension claims, <<rural social old-age security law>> to make provisions in response to the following questions: 1, all farmers, including migrant workers, landless peasants, as long as 18 years of age, should be forced to participate in social old-age security ; 2, the fund insisted that the state, collectives and individuals to raise three sides; 3, the farmers pay period, payment standards and different ways according to local economic level, the development of different standards, the implementation of the principle of pluralism;; 4, the farmers into the city to settle landless farmers become urban residents, off-site migration of farmers, migrant workers seek jobs in cities such as old-age security in case of transfer relations, the problem of convergence to make clearly defined; 5, the conditions of pensioners and the payment made uniform regulations .6, rural social old-age security fund collection, management, use three-way separation.

Fourth, the role handling agency functions. Agencies of rural social old-age security system is the concrete implementation agency. <<Rural social old-age security law>> in the agencies main responsibilities are clear: I, on the area to insure each age citizens to establish security accounts, and government subsidies into account their personal accounts of people; 2, charge rural collective organizations, the insured to pay the social old-age security payments; 3, the insured person eligible for conditions when the charge of the old age pension . our existing social old-age security sub-central agencies, provincial and county levels, manages various types of social insurance, the agency set up to continue to be used.

Fifth, strengthen the supervision of agency-wide basis. Rural social old-age security fund is directly related to increasing the value of rural social old-age security of the success or failure. To protect the safety of the funds and benefits, "rural social old-age security law) should fund operators to invest, portfolio, the minimum rate of return is done and clearly defined, and requires institutional investment fund management operations security funds, will fund to the insured farmers and public agencies so they can better monitor, while the establishment of specialized rural social old-age security oversight body to oversee the rural social old-age security agencies, fund investment institutions in the rural social old-age security in behavior.

Sixth, improve the dispute resolution mechanisms and legal responsibilities. The social old-age security of farmers have no legal relief agencies, at any time of deprivation and abuse possible. <<Rural social old-age security law>> as the law specifically to protect the interests of farmers should be required pay farmers and agencies, and fund management institutions of administrative disputes, civil disputes, through administrative reconsideration or administrative litigation, civil litigation or arbitration to resolve; rural social old-age security in legal relations of the participating subject of illegal behavior, according to the severity of different, were investigated for administrative responsibility, civil liability and criminal liability.

V. Conclusion
Through the above analysis of legal norms, we know that the legal system of rural social old-age security in rural social old-age security, with the emergence and development of the cause of the emergence of a new, complex legal system, the social old-age security is the core of the legal system . quality of words, in building "new socialist countryside", they must comply with the law and the right to build the current situation calls for rural social old-age security of the legal system, the legal relationship between the parties for the interests of the main demands and related rights protection is not do not consider we are convinced that only the interests of all stakeholders through the legal system to be reasonable and legal requirements to meet in order to put this matter of 900 million farmers of the most important social security system solutions, and implementing. turn affixed to the free download http://www.hi138.com