《社会保险法》解读（Interpretation of social insurance law）

1、社会保险法解读（Interpretation of social insurance law）Source of new social insurance act July 2011: author:In October 28, 2010, the Peoples Republic of China social insurance law (hereinafter referred to as the social insurance law) by the eleven session of the seventeenth meeting of the NPC Standing Commi

2、ttee examined and approved, and signed by President Hu Jintao thirty-fifth zhuxiling be issued since July 1, 2011 implementation. The social insurance law is an important law in the legal system of socialism with Chinese characteristics. It is a law that focuses on ensuring and improving peoples liv

3、elihood. The promulgation and implementation of it is a milepost of legal construction of human resources and social security in our country, for the establishment of urban and rural residents of the social security system, to better safeguard the citizens participation in social insurance and enjoy

4、 social insurance benefits of the legitimate rights and interests of citizens share the fruits of development to promote the construction of socialist harmonious society is very important meaning.I. The significance of the promulgation and implementation of the social insurance lawFirst, the promulg

5、ation and implementation of the social insurance law is an important measure to thoroughly implement the Scientific Outlook on Development and build a socialist harmonious society. General secretary Hu Jintao pointed out: the establishment of urban and rural residents of the social security system i

6、s the embodiment of the party for the public and governing for the people, is an important work to promote scientific development and social harmony, is an important task for economic growth, peoples livelihood and stability, but also an important condition of national long period of stability. The

7、partys the fifth Plenary Session of the 17th CPC Central Committee through the CPC Central Committee on the Twelfth Five Year Plan for national economic and social development of the proposal clear requirements, adhere to protect and improve peoples livelihood as accelerating transformation of the m

8、ode of economic development is the starting point and end point, promote social justice, and made a full deployment to accelerate the construction of urban and rural residents of the the social security system. Social insurance law has made the comprehensive institutional arrangements and to regulat

9、e the social insurance, the Party Central Committee will establish major decision-making and strategic deployment of the social security system into the fundamental, the stability of the legal system of the state, is bound to build a socialist harmonious society and the countrys long period of stabi

10、lity play an important role in the protection and promotion.Second, the promulgation and implementation of the social insurance law has made Chinas social insurance system fully develop into a legal orbit. Social insurance law to regulate the social insurance relationship, the provisions of the use

11、rights and obligations of employers and workers, strengthen the governments responsibility, the social insurance administrative department and the social insurance agency responsibilities, determine the legal liability of social insurance related parties. Social insurance law promulgated and impleme

12、nted, more stable, the operation of the social insurance system more standardized, the relevant parties, especially the majority of workers with a powerful weapon to safeguard their legitimate rights and interests, and will drive for the implementation of a series of individual laws, regulations and

13、 normative documents, so that the construction of social insurance system entered the track of the legal system.Third, the promulgation and implementation of the social insurance law provides a further legal guarantee for promoting the scientific development of the entire human resources and social

14、security undertakings. The social insurance law not only contributes greatly to social insurance work, but also has a positive and far-reaching impact on the whole human resources and social security work. Social insurance law established a wide coverage, transfer, social insurance system, from the

15、legal system of all kinds of talents to get rid of the obstacles impeding the free flow of workers, between areas and between urban and rural areas of employment, is conducive to the formation and development of human resources market standardized; social insurance law further standard and clear the

16、 employee and employer social insurance rights and obligations, is conducive to the promotion of stable and harmonious labor relations. Social insurance law promulgated, promulgated and implemented with the previous labor law, civil law, labor contract law, employment promotion law, labor dispute me

17、diation and arbitration law, constitute the legal system of our country of human resources and social security integrity of the top-level architecture,It is of great significance to promote the scientific development of human resources and social security on the legal track.Two, the legislative prin

18、ciples of the social insurance lawSocial insurance law drafted from the draft, to the State Council for consideration, and then to the NPC Standing Committee for consideration and revision, has always adhered to the following principles:First, implement the major decisions of the Party Central commi

19、ttee. Of the party since the third Plenary Session of the 14th CPC Central Committee, the central government has made a series of major decisions on social security system reform and development, especially on the wide coverage, basic, multi-level, sustainable and other basic principles of fundament

20、al, on social insurance to independent of the employer, financial source, and strengthen the management and service socialization fund management and supervision requirements, are fully reflected in the law making.Two is to enable the broad masses of the people to share the fruits of reform and deve

21、lopment. In accordance with the partys Congress in 2020 to the comprehensive construction well-off society, basic establishment of urban and rural residents of the social security system, Chinas social insurance system to establish the framework of social insurance law, the various types of urban an

22、d rural workers and residents were included in the corresponding social insurance system, and strive to achieve the system of no loss, no omissions, cohesive coverage no gap, so that all people have the basic guarantee in the pension, medical treatment and so on, no worries.Three is the combination

23、of fairness and efficiency, rights and obligations to adapt. Social insurance law from the actual situation of our country and the primary stage of socialism, the leading of the government social insurance system, give priority to reflect the principle of fairness, and make appropriate arrangements

24、to increase government inclusive, public financial investment, increase social wealth redistribution efforts to prevent and eliminate polarization, and promote social harmony; at the same time reflect incentive and the guiding principle, adhere to the right and obligation to adapt, the contribution

25、of social insurance as the core of the social security.Four is to establish a framework, step by step. Social insurance law a comprehensive summary of the development of the reform of Chinas social insurance system of practical experience, lessons from social insurance in the world, established the

26、overall framework, the construction of Chinas social insurance system of the basic principles, basic principles and basic system; at the same time, the construction of Chinas social insurance system is in the process of reform and development based on. New situations and new problems emerging, the n

27、eed to continue to explore and practice, social insurance law also maintain the necessary flexibility, provides some elastic or authorization, allow for a perfect system and mechanism innovation in space.Three, the social insurance law establishes the basic framework of our social insurance systemTh

28、e social insurance law provisions, the national social insurance system for basic old-age insurance, basic medical insurance, work-related injury insurance, unemployment insurance and maternity insurance, guarantee citizens in old age, illness, injury, unemployment and maternity cases from the state

29、 and society according to the material help right.First, the basic old-age insurance includes basic old-age insurance for employees, new rural social endowment insurance and urban social endowment insurance. This law is to sum up the experience of the reform of endowment insurance system in China in

30、 the past more than 20 years, the coverage of basic old-age insurance system for employees of the basic mode, the source of funds, and enjoy the treatment conditions and the adjustment mechanism made more comprehensive norms, and the provisions of the disability allowance and pension system is. Acco

31、rding to the great progress of the new rural social endowment insurance program, this law regulates the main system of the new rural social endowment insurance. In addition, this method also requires countries to establish and improve the pension insurance system for urban residents, and authorized

32、provinces and autonomous regions and municipalities directly under the central government according to the actual situation, can the social pension insurance for urban residents and the new rural social endowment insurance implementation of the merger, laid a legal foundation for gradually establish

33、ing urban and rural old-age security system.Second, basic medical insurance includes basic medical insurance for employees, new rural cooperative medical insurance and basic medical insurance for urban residents.The method of coverage, the basic medical insurance system for workers and urban residen

34、ts basic medical insurance system for the source of funds, projects and enjoy the treatment conditions, the expense of medical insurance settlement made more comprehensive provisions, the new rural cooperative medical system provided for in principle, and the provisions of the State Council authoriz

35、ed management measures.Third, the industrial injury insurance, unemployment insurance and maternity insurance system have been mature after more than 10 years of practice. On the basis of summing up the practical experience, this law also makes a separate chapter on industrial injury insurance, unem

36、ployment insurance and maternity insurance, and specifies the scope of coverage, the sources of funds, the treatment items and the conditions for enjoyment.Four, the social insurance law defines the coverage of various social insurance systemsThe social insurance law has incorporated all the employe

37、rs and individuals in China into the coverage of social insurance system:First, the basic old-age insurance system and the basic medical insurance system cover all the residents in urban and rural areas. The employers and employees should participate in the basic old-age insurance and basic medical

38、insurance for employees; no employee of the individual businesses, not the employers to participate in social insurance practitioners and other flexible part-time employment may participate in the basic old-age insurance and basic medical insurance; rural residents can participate in the new rural s

39、ocial pension insurance and the new rural cooperative medical insurance; urban unemployed residents can participate in the urban social endowment insurance and basic medical insurance for urban residents; migrant rural residents in accordance with the provisions of this law to participate in social

40、insurance; civil servants and staff management of the civil service law to participate in old-age insurance by the state council.Second, industrial injury insurance, unemployment insurance and maternity insurance system cover all employers and their employees.Third, the peasants who have been requis

41、itioned shall be included in the corresponding social insurance system in accordance with the provisions of the state council. All the five social insurance shall be taken by the peasants who have been requisitioned from the land for their employment to the employing units. For the unemployed, to ur

42、ban residents, urban residents can participate in social endowment insurance and basic medical insurance for urban residents, rural residents continue to retain the identity, can participate in the new rural social pension insurance and the new rural cooperative medical insurance.Fourth, foreigners

43、engaged in employment in China shall also participate in social insurance in China in accordance with this law.Five, social insurance law stipulates the financing channels of social insurance systemThe state raises social insurance funds through many channels. The social insurance law stipulates the

44、 financing channels for various social insurance systems, and defines the responsibilities of employers, individuals and governments in raising social insurance funds. Specifically:First, the main source of social insurance fund for urban workers is social insurance payment. The provisions of this l

45、aw, the basic pension insurance, basic medical insurance and unemployment insurance fees paid by both employers and employees, work-related injury insurance and maternity insurance expenses paid by the employer, employees do not pay.Second, the social insurance fund for residents is mainly composed

46、of social insurance contributions and government subsidies. This Law stipulates that the new rural social endowment insurance shall be combined with individual contributions, collective subsidies and government subsidies, and the basic medical insurance for urban residents shall be combined with ind

47、ividual contributions and government subsidies.Third, it defines the governments responsibility in raising social insurance funds. The provisions of this law, the peoples governments at or above the county level shall give the necessary financial support for social insurance, payment is insufficient

48、 to give subsidies to the social insurance fund; workers of state-owned enterprises or institutions to participate in the basic old-age insurance, basic pension insurance to pay the fee shall be borne by the government during the deemed payment period; in the new rural social endowment insurance and

49、 town residents of the basic medical insurance system, government subsidies for the insured; the basic old-age insurance fund payment is insufficient, government subsidies; the state set up the national social security fund, raised by the central government budget and other means approved by the Sta

50、te Council of the capital,Supplement and adjustment for social security expenditure.Six, the social insurance law provides for the treatment of social insurance projects and enjoy the conditionsIn order to ensure the timely and full participation in social insurance individual receiving social insur

51、ance benefits, social insurance law in the provisions of the existing basis, summed up the provisions of the social insurance benefits and enjoy the conditions, and developed on the basis of practical experience.(1) basic old-age insurance benefits;First, the basic old-age insurance for individuals

52、to reach the statutory age of retirement, the cumulative payment of fifteen years, monthly basic pension. The basic pension from the overall pension (the current system called the basic pension and individual pension accounts), the basic pension according to the cumulative personal contribution peri

53、od, payment of wages, the average wage of workers, the amount of personal accounts, average life expectancy of the urban population and other factors to determine the. Pay less than fifteen years of staff can pay to the full fifteen years, the monthly basic pension; can also be transferred to the ne

54、w rural social pension insurance and social pension insurance for urban residents, in accordance with the provisions of the State Council, enjoy the corresponding pension benefits.Second, the rural residents who participate in the new rural social endowment insurance meet the requirements of the sta

55、te and receive a new monthly rural social pension insurance treatment. The new rural social endowment insurance consists of basic pension and personal account pension.Third, individuals participating in basic pension insurance, illness or non fatal, and their dependents can receive funeral subsidies

56、 and pensions; has not reached the statutory retirement age because of illness or non work disability completely lost the ability to work, can receive disability allowance.(two) basic medical insurance benefits;Due to the development level of our country economy, medical service ability and level of

57、 medical consumption gap is very large, the State Council only made principle provision of basic medical insurance of Qifubiaozhun, payment ratio and maximum payment limit, the specific payment standards by the co-ordination in peoples Government in accordance with the fixed income support principle

58、. In view of this fact, this law does not provide more specific provisions for basic medical insurance benefits, projects and conditions of enjoyment. There are two points that need to be pointed out:First, in order to alleviate the large amount of medical expenses paid by individuals, this Law stip

59、ulates the direct settlement system for basic medical insurance premiums. The insured for medical treatment of medical expenses, in accordance with the relevant provisions shall be paid by the basic medical insurance fund, the social insurance agencies and medical institutions, pharmaceutical business unit of direct billing; social insurance administrative department and healt