论农民工养老保险法律制度的完善——以促进利益和谐为中心

On Perfection of China's Endowment Insurance System of Migrant Workers——focusing on the central task of harmonious interests

农民工养老保障是整个社会保障体系的重要组成部分。建立与完善同社会经济发展水平相适应的农民工养老保险制度,为农民工提供有效的养老保障,是维护农民工合法权益,促进社会利益和谐,实现社会正义、维护社会稳定的重要保证。然而,中国农民工还没有获得真正意义上的养老保险,其原因在于现行农民工养老保险制度缺位,利益配置不当;因基本养老保险关系转移困难,农民工利益流失;农民工参保意识低下,且参保能力有限;企业排斥农民工养老保险,参保积极性不高;农民工养老保险各自为政,全国统筹困难等导致农民工养老保险运行不畅,举步维艰。因此,应建立农民工养老保险"应然性"与"实然性"的制度,最后在制度的实践基础上,强化养老保险主体的参保意识、完善监督制约机制,并实现"应然"与"实然"的制度耦合。

Endowment insurance of migrant workers is an important part of the social security system as a whole. Establishing a perfect endowment insurance system of migrant workers in agreement with the socio-economic development level can supply migrant workers with effective systematic protection, which can safeguard the rights and interests of migrant workers, promote a harmonious society as well as maintaining social justice and social stability. Whereas, the present endowment insurance has not actually covered the rights of migrant workers because of following aspects： 1）the vacancy of the endowment insurance system of migrant workers; 2）unjustified distribution of intereast; 3） transfering of endowment insurance among different area being difficult; 4） migrant workers having less awarness and ability of joining endowment insurance; 5）enterprise employing migrant workers being unwilling to buy endowmenet insurance for their employees; 6） endowment insurance of migrant workers in different areas varying from each other and making it difficult to arrange it overall. Based on the problems mentioned above, endowment insurance systems of migrant workers named respectively＂ as it is＂ and＂ as it ought to be＂ should be established to ensure migrant workers have the right to enjoy endowment insurance,hence make the ＂as it is＂and ＂as it ought to be＂ integrate.