社会保障立法考量因素分析

The Analysis on the Factors Affecting the Social Security Legislation

从法理和实践分析,社会保障立法是建立社会保障制度的源头性行为,也是一个受诸多因素影响的、十分复杂的问题。在实际立法中,存在这一些必须认真对待的问题:由于立法机关缺乏相关技术性等力量,它不得不将社会保障立法权授予其他机关,从而出现立法多元化和对授权立法的规制问题;社会发展所形成的立法需求、力量对比关系、法律依据、立法资源、立法技术等条件是否成熟的问题;社会保障立法的价值取向是否成熟和科学问题;经济发展程度与社会保障权实现水平确定问题。

Generally the social security legislation is the fundamental action to ensure the establishment of social security system viewed from the theory and practice,and it is also a very complicated issue affected by many factors. In practical legislation,there are some problems which need to be treated seriously:the legislature has to delegate the legislative power in social security to other organs for the lack of techniques in the corresponding legislation,the diversity of social security legislation and the regulation on the delegated legislation; such as those conditions concerning the legislative demands,the legislative basis,the legislative resources,and legislative teniques etc. These issues resulting in will become mature enough with the development of the society; Forinstance,whether the value orientation in the social security legislation is mature and scientific; whether the degree of economic development will determine the realization degree of social security rights and how to ascertain the relationship of the two are all issues needed to be solved.