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학술논문영남법학2011.12 발행

중국 사회보험법의 내용과 문제점에 관한 검토

A Study on the Legal Problems of the Social Insurance Law in China

박문석(영남대학교); 손한기(중국인민대학)

33호, 111~135쪽

초록

After referred to the Standing Committee of the National People`s Congress, the draft of Social Insurance Law was reviewed four times and revised five times. It is finally in force on the 1st of July, 2011. Social Insurance Law is the first comprehensive basic legislation on social insurance. It provides the principles of social insurance and the application scope the implementation of the law, and the subjects this legislation monitors. The significance of this legislation is integrating the previous legislations and regulations through enacting this one; and it is the first practice the supreme legislation of China to institutionalizing the social insurance. This legislation provides Chinese citizens shall enjoy the endowment insurance and medical insurance without the geographical limitation; foreign labors shall enjoy social insurance in China after perform the duty to join in the social insurance. All of these are the characteristics. However, the Social Insurance Law still has lots of problems, such as the lack of fairness, the responsibility is not clear, problems on supervision and implementation. Those problems need to be fixed by improving the legislation

Abstract

After referred to the Standing Committee of the National People`s Congress, the draft of Social Insurance Law was reviewed four times and revised five times. It is finally in force on the 1st of July, 2011. Social Insurance Law is the first comprehensive basic legislation on social insurance. It provides the principles of social insurance and the application scope the implementation of the law, and the subjects this legislation monitors. The significance of this legislation is integrating the previous legislations and regulations through enacting this one; and it is the first practice the supreme legislation of China to institutionalizing the social insurance. This legislation provides Chinese citizens shall enjoy the endowment insurance and medical insurance without the geographical limitation; foreign labors shall enjoy social insurance in China after perform the duty to join in the social insurance. All of these are the characteristics. However, the Social Insurance Law still has lots of problems, such as the lack of fairness, the responsibility is not clear, problems on supervision and implementation. Those problems need to be fixed by improving the legislation

발행기관:
법학연구소
분류:
법학일반

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