Guarantee to the rights to subsistence of the social law of insurance

Guarantee to the rights to subsistence of the social law of insurance
The social law of insurance that will begin to be implemented on July 1 this year goes through 16 years from planning in 1994 to issuing, the Standing Committee of the National People's Congress has carried on review four times, lasts three years, it is obvious legislators are cautious. So, we can say this is a law which accords with China's actual conditions. The social law of insurance is a law of covering the whole people, any citizen can benefit from it, if the goal that this law establishes can mostly be implemented in actual life, its guarantee to citizen's rights to subsistence and improvement of people's livelihood play the function of other legal systems difficult to match.
The social law of insurance implements the constitution and has something to do " The country establishes and improves system of social security suiting with economic development level " Important for step, it for lasting people's livelihood, be lasted social security system to cover urban and rural residents, make citizens share and develop the achievement, promote the construction of the socialist harmonious society, have very important meanings. This means, the citizen's rights to subsistence ensure competence because this law is promoted further at the same time. System was established by the social law of insurance " Basically support parents, basic medical treatment, industrial injury, unemployment, parenting " Insurance is to the guarantee of the citizen basic life material, the welfare right including a part at the same time is inclusive. This is because according to the social law of insurance, basic endowment insurance and basic Medical Benefits Funds have some governments to replenish and make up, this part is replenished the properties with social welfare. So, the social law of insurance has offered the system for the fact that the rights to subsistence of the higher level are ensured to support.
As for macroscopical guidelines, the social law of insurance has reflected the basic principle that the rights to subsistence ensure. These basic principle is that " relies on oneself and is relieved for the main fact, the country assists in order to complement " . Systems established of the social law of insurance, have insisted individual and unit pay the fees as the main fact, the country replenishes the policy in order to be complemented. The economic development levels of this respect and our country are relevant, the financial ability of our country has not reached the intensity of setting up the high welfare state yet. The mainer one is, this is resulted from traditional cultural influence of East Asia represented by China. Two traditional thoughts in East Asia have exerted an influence on this basic principle: First, especially pay attention to the important status of the family in citizen's life; Second, object to the excessive interference to citizen's daily life of state power. One of the questions of the modern welfare society, even if children and old man do not have the raising and can grow up and survive of family and family, this makes importance of the family reduce, even make the family disintegrate finally. The second of question of the welfare society, it is the country that passes various welfare systems of the social insurance inclusive, its power gets deeply to every aspect of citizen's life, its power is abused and citizen's private life and independence are increased greatly by the possibility to encroach on. Develop fine of traditional culture only, insist relying on oneself and relieving as the main fact, the country assists it for the principle that is complemented, the main function that produce individuals and the family ensures the respect in the rights to subsistence, could overcome the question of these two respects. So, even if in already more developed country, such as South Korea, its expenditure of social welfare still only accounts for about 5% of GDP. This makes system of social insurance relatively low to the citizen's negative influence degree, the country can keep the vigor of economic development, the citizen has maintained the independent status. The example of reverse side has Japan. Japan raised the rate that the expenditure of social welfare took GDP by a wide margin since the 1990s of last century, already been close to 20% by 2003. Theorists analyze that is thought, this is an important reason why Japan's economy falls into the standstill.
Have no need for reticence, always there is disparity, the related system complete of this law that there are a lot of questions in reality to remain between legal goal and reality, this displays in the following several respects:
First, there is greater disparity between civil servant and enterprise's employee endowment insurance standard. The regulation of social law of insurance " Civil servant and consulting the way of the endowment insurance of staff member of management of public servant law by the regulation of the State Council " ,This has caused enterprise worker and dual track system of the endowment insurance between the civil servants. The dual track system is not a question, the question is according to the stipulations of relevant regulation, although civil servant needn't pay the endowment insured fund, the pension which the civil servant received after retiring but it is about the enterprise worker's triple equally. This kind of system design causes the following question: First, the rights to subsistence ensure the standard to be unequal. The endowment insurance has the properties of welfare, the important systems of level and living condition of surviving that keep sure to ensure the elderly, any citizen should obtain basically the same guarantee standard, this ability reflects the equal principle of the constitution. The elderly's difference standard of living can make great efforts to realize through business insurance and individual, should not keep a certain unequal with the system. The country should revise or make the related laws and regulations of the social law of insurance, make the endowment insurance standards of civil servant and enterprise worker maintain at the level about the same.
Second, the rural medical insurance level is on the low side, can't settle account to use transprovincially. The guarantee focal point of the rights to subsistence is in the countryside, the difficult point is in the countryside too. The problem that most rural residents face is not often food problem, but medical question. It is to maintain the life that the rights to subsistence are ensured, but all right that the life keeps not only having enough food. More important, when the citizen faces the threat of the serious disease, if the local general engineering level can be treated and cured, only unable to be cured because it is high to use in the fee, its right of life and health is difficult to obtain guarantee. If the medical treatment of urban residents ensures the system to be set up and more complete for a long time, then the new cooperation medical treatment system of the countryside, on still at the stage of visiting for the first time, it stills have necessity of improvement by a wide margin to guarantee of the right of life and health. According to the present system, the medium and small disease of medical treatment system of rural new cooperation basically can't submit an expense account, the proportion is relatively low too that serious disease submits an expense account, this respect has reflected an inherent one is in urban and rural areas and unequal, prove rural the intersection of medical insurance and the intersection of system and development slowly. Another important problem is, it is the normality that peasants work as a temporary labourer transprovincially and trans-regionally. If what they found is that provisional work or enterprises are unwilling to handle the medical insurance for them, they have participated in the new cooperative medical service in the hometown, while working as a temporary labourer to fall ill in the other places, but can't use, does not make people too deep for tears. On the other hand, when and settle down in the other places as children work as a temporary labourer outside, parents can follow to the other places too, they use the new cooperative medical service in the unable strange land. So, the country should strengthen the subsidy to the rural new cooperative medical service, improve the rural new cooperation medical treatment system, pursue the settling transprovincially of the hospitalization cost progressively.
Third, the proportion on the low side that workers such as rural worker and private small and medium-sized enterprises,etc. effect an insurance. The coverage rate of the social insurance of our country has had improvement greatly at present, but compare with 230 million rural workers' total number, rural worker effect an insurance the proportion is very low. Meanwhile, the proportion is lower that the worker hired in private small and medium-sized enterprises and individual trade company effects an insurance. This kind of situation appears, have very great relations with the society of our country at stage of economic development at first. From the viewpoint of labourer, in a lot of places of our country, the guarantee of the rights to subsistence still remains at lower level, can find, work as a temporary labourer by one place, earn one salary come, it survives to be very much difficult, they do not have higher requirement. Observe with the visual angle of enterprise's main fact, their enterprises are still in initial stage of development, can survival and development easy thing under cruel competition, for lower costs, seek further development, handling various social insurance for workers becomes normality. Though the law can require enterprises to all pay the social insurance premium, can also construct by means of administrative pressure, it is the institutional improvement of two respects that it is required but agree with and construct the harmonious social goal of socialism most: First, the local government should strengthen the support of small and medium-sized enterprises and individual trade company. Though the scale of small and medium-sized enterprises and individual trade company is not big, they are mainstays which absorb the workforce, it is the citizen that realizes the main channel of the rights to subsistence through the right of labour even more. So, the support of small and medium-sized enterprises not only concern economic development, have close ties with citizen's dignified existence. Second, the subsidy that the central government should strengthen to small and medium-sized enterprises and the individual trade company paid the social insurance. The present government is mainly for citizen individuals to the subsidy of the social insurance, the central government should be taken out more fund to use for replenishing small and medium-sized enterprises and individual trade company and paying the social insurance premium for their workers next, thus lighten the burden that they pay the social insurance.
(the doctoral candidate of Wuhan University law school of author's department)
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