社会保险立法的时机、模式与难点

On Several Issues of China's Social Insurance Legislation

本文论述我国社会保险立法时机、立法模式的选择和立法中的难点与对策。在立法时机上要考虑三方面的因素,即有无急切的立法需求、是否具备满足立法需求的条件和能够满足立法需求的程度。在立法模式中要抉择个别立法与整体立法、概括性立法与规范性立法。当前存在的立法难点及对策是适用范围的扩展、退休年龄的确定、和禁止"退保"的发生。

This paper discusses two problems of social insurance legislation in China, one is the choices of legislation opportunity and paradigm, the other is the difficuties and countermeasures in legislation. While choosing the legilation opportunity, three factors should be considered, namely, whether we have urgent need of legislation or not, whether we have adequate condition of legislation, the degree that we can meet the legislation need. As regards the legislation paradigm, we should make a decision between integral legislation and partial legislation, recapitulative legislation and normative legislation. At present, the difficulties and countermeasures in legislation are the extension of application, the certainty of retiered age and the prohibition of surrendering social insurance.