As the first comprehensive law in the field of social insurance in China, Social Insurance Law is considered as a major institutional breakthrough in the construction of social security system in China. At the same time, it is also a law of people's livelihood, involving many social security such as pension, medical care, work injury, unemployment, maternity and so on. Its implementation will undoubtedly have a great impact on everyone's life.
On the occasion of the Twelfth Five-Year Plan, the meeting of social insurance law with the general public is not only a summary of the construction of China's social security system during the Eleventh Five-Year Plan, but also a concentrated expression of the guiding ideology of safeguarding and improving people's livelihood during the Twelfth Five-Year Plan. Its implementation not only provides legal guarantee for speeding up the construction of social security system covering urban and rural residents in the next five years, but also plays an important role in maintaining social harmony and stability and building a well-off society in an all-round way.
Because of this, some people regard the social insurance law as the third important event of people's livelihood in China after the universal free compulsory education and the abolition of agricultural tax in 2006, which can "improve the index of people's happy life".
However, on February 23rd, 2007, when she initiated 65438+to us, at the 31st meeting of the 10th the National People's Congress Standing Committee (NPCSC), the draft social insurance law was submitted for deliberation for the first time, and it has been "three years and four trials" so far. It can be said that the process of each review and supplementary revision is also the process of gradually establishing and perfecting China's social security system.
From the first proposal to determine the social insurance system policy of "wide coverage, basic protection, multi-level and sustainability" to the second consideration of "taking citizen's identity number as personal social security number" on February 22, 2008, the social insurance law has been gradually improved. At the same time, the construction of China's social security system has also shown an accelerated development trend, and citizens' social insurance awareness has been continuously enhanced.
In order to listen to the opinions of the masses, after the second deliberation, the National People's Congress Standing Committee (NPCSC) publicly solicited opinions on the draft social insurance law. According to the reporter's understanding, these opinions and suggestions mainly focus on some basic systems of endowment insurance and medical insurance, including the coverage of endowment insurance, the burden of endowment insurance premium, government investment, the level of pension insurance treatment, the transfer and connection of endowment insurance relationship, the level of medical insurance treatment in different places, social insurance premium collection agencies, and supervision systems. For example, the second draft of the draft at that time stipulated that the minimum payment period for employees to enjoy basic old-age insurance benefits was 15 years, and they must pay in full. If the payment period is less than 15 years and the payment period is interrupted, they will not enjoy the basic pension after retirement, and the amount stored in their personal accounts will be paid to them in one lump sum. Many people think that the threshold of 15 minimum payment period is too high, and the amount of personal account is small, so it is difficult to return it to me at one time. It is suggested to establish the principle of "pay more, get more, pay less and get less".
After listening to and soliciting opinions and suggestions from the masses, on February 22, 2009, during the "third trial" of the 12th meeting of the 11th the National People's Congress Standing Committee (NPCSC), an important provision was added to the draft social insurance law: "Individuals who participate in basic old-age insurance and pay less than 15 when they reach the statutory retirement age can pay up to 15 and receive a monthly basic pension; You can also receive a one-time pension insurance. " This provision is more flexible in the way of payment: it is allowed to continue to pay for less than 15 years, or to pay to 15 years in one lump sum, or to pay his basic pension to himself in one lump sum, so that more people can enjoy the basic old-age insurance benefits.
After continuous improvement, the draft was submitted to the National People's Congress Standing Committee (NPCSC) for deliberation for the fourth time this year. In this regard, Commissioner Zheng Gongcheng said: "The Social Insurance Law is the basic law of the social security system in China. Without such a law, the socialist legal system with Chinese characteristics to be formed this year will be incomplete. At the same time, the reform of social insurance system has been promoted for more than 20 years without basic legal basis, and now it is really urgent to move from the experimental stage to the stage of stereotypes, stability and sustainable development. I have been expecting this law to be passed this year. " Many members also said that in the past three years, great progress has been made in the construction of China's social insurance system, laying the foundation for the promulgation of the law; At the same time, the draft has been basically mature and perfect after many revisions, and it has the conditions for adoption.
10 year 10 On October 28th, the 17th meeting of the 11th the National People's Congress Standing Committee (NPCSC) passed the Social Insurance Law and other four laws.
The three highlights highlight that the breakthrough of the system in the Social Insurance Law is related to the national economy and people's livelihood, and all sectors of society are full of expectations for its introduction.
At the press conference held by the General Office of the National People's Congress Standing Committee (NPCSC) on the 28th, Xin Chunying, deputy director of the Law Commission of the National People's Congress Standing Committee (NPCSC), said in response to a reporter's question that the highlight of the social insurance law is the breakthrough in the system. "First, it is a great achievement to establish a social security system covering urban and rural residents in the country in the form of law; Second, it embodies the principle of coordinating urban and rural areas. The modes of basic old-age insurance and basic medical insurance for urban and rural residents are basically the same, and the sources of funds, financing methods and treatment standards are also working in the same direction; The third is to highlight the legitimate rights of the insured. In the design and implementation of the insurance system, we always focus on protecting the rights of the insured and providing government services. "
If we compare the Social Insurance Law just passed three years ago with the first-instance draft, we will find that the coverage of the regulations at that time was still relatively limited. In these three years, the construction of social insurance system in China has made remarkable progress, and the old-age insurance for residents has been promoted rapidly. The new rural social endowment insurance has been piloted, and the scope far exceeds the speed proposed in the the State Council document at that time. Some provinces have reached more than 80%, and the coverage of new rural cooperative medical care has reached more than 90%. Therefore, the current Social Insurance Law has established a social insurance system covering all urban and rural residents.
From the changes made to the "third trial" during the fourth deliberation of the draft, we can also see the institutional breakthrough of the Social Insurance Law. For example, the minimum payment period and payment method of the basic old-age insurance mentioned earlier have been changed from "15 years to the retirement age before you can enjoy social insurance benefits" to "transfer to the new rural social endowment insurance or urban residents' social endowment insurance and enjoy the corresponding old-age insurance benefits according to the regulations of the State Council", which further protects the rights and interests of the insured. The social insurance law has also added provisions to the problems that people are concerned about, such as the difficulty in reimbursement of medical expenses for medical treatment in different places: "The social insurance administrative department and the health administrative department should establish a settlement system for medical expenses for medical treatment in different places to facilitate the insured to enjoy basic medical insurance benefits. "At present, the relevant departments are vigorously promoting the regional overall planning of basic medical insurance and establishing a cooperative mechanism in different places to facilitate the settlement of medical expenses for insured persons in different places.
In addition, the Social Insurance Law has made new provisions on the safety and supervision of social security funds. "It is not allowed to invest and operate in violation of regulations, not to balance other government budgets, not to build or rebuild office buildings, not to pay personnel expenses, operating expenses and management expenses, and not to use them for other purposes in violation of laws and administrative regulations." At the same time, the social insurance law also clearly stipulates the information security of employers and insured persons and the legal investigation of leaking insured information for the first time. There are many authorization clauses in the Social Insurance Law that need to be "stipulated separately by the State Council". No matter during the deliberation of the draft or after the official text was presented to the public, some members and journalists questioned this. They think that more authorization clauses may concentrate power at the grassroots level, which will affect the implementation of the law on the one hand, and easily lead to great differences between different places on the other hand, making it more difficult to renew insurance.
In this regard, Xin Chunying said that the reason why the State Council is authorized to make regulations is mainly because the social insurance system is in the process of rapid development and change, new mechanisms are being established, and some systems are being explored, so it is difficult to fix them in legal form. At the same time, the territory of China is relatively large, and the history of the formation and development of social insurance system is relatively short. Therefore, based on the principle of giving full play to the initiative of the central and local governments, national legislation should give the State Council and local governments a certain space on the basis of determining major policies.
It is understood that the "Eleventh Five-Year Plan" is the fastest period of social security system construction since the founding of the People's Republic of China, which has filled a number of gaps in social security system construction. For example, we will comprehensively establish a provincial-level overall planning system for basic old-age insurance for urban employees, formulate measures for the transfer and continuation of basic old-age insurance for enterprise employees, carry out pilot reform of the old-age insurance system for public institutions, expand the pilot implementation of individual accounts for basic old-age insurance, and establish and pilot a new rural social old-age insurance system. In addition, the basic medical insurance system for urban residents has been established and implemented, and the new rural cooperative medical insurance system and urban and rural medical assistance system have also been widely implemented throughout the country, realizing the comprehensive coverage of urban and rural residents by the basic medical insurance system.
In the past five years, the framework of social security system in China has been initially established. However, in the process of establishing the system, there are bound to be some contradictions and problems that cannot be solved by the current legal provisions, and the greatest significance of the Social Insurance Law is to determine some basic principles from a big legal level. In this regard, experts believe that China's social insurance system is still in the process of establishment and improvement, and some systems need to be gradually improved according to economic and social development, so legislation should leave room for future reform and development.
"After the social insurance law is passed, the National People's Congress Standing Committee (NPCSC) will urge the relevant departments in the State Council to formulate supporting regulations as soon as possible."