论入世对中国社会保险立法的影响——兼论我国社保法之进一步完善

On the Impact of China's Accession into WTO on Its Social Insurance Legislation——And on Further Improvement of China's Social Insurance

社保法出台前我国社会保险立法存在着层次低,碎片化;内容旧,不适时;重城镇,轻农村的特点。入世对我国社保法出台的影响主要体现在3方面:国际贸易形势变化推动立法;其他相关领域法律制度的变化影响社会保险立法;WTO规则影响我国社会保险行政管理体制方面立法。以养老保险为例,入世对我国社保法具体险种的影响主要体现在:促使国家立法扩大了养老保险范围;有利于推动建立多层次的养老保险体系;一定程度上推动了养老保险关系跨区域转移。社保法出台后,仍有需完善之处:法制化有待进一步深入;公平性有待进一步提高;民族性有待进一步发掘和确立。

Prior to the adoption of Social Insurance Law of People＇s Republic of China, Chinese social insurance legislation was featured with low legislation level, fragmentation, legislative content lagging behind the development of the times, as well as heavy emphasis on urban areas than rural areas. The impact of China＇s accession into WTO on the adoption of Social Insurance Law is mainly reflected in three areas： changes of international trade situation accelerated the legislation process; changes in the legal system of other areas affected the social insurance legislation; relevant WTO rules promoted legislation in China＇s social insurance administration system. Take pension insurance as an example, the impact of China＇s accession to WTO on Social Insurance Law for this specific type of insurance could be mainly found in the following areas： promoting national legislation for the expansion of pension coverage, helping to push forward the establishment of a multi-layered pension insurance system, promoting, to a certain extent, the inter-regional transfer of pension relationship. After the promulgation of Social Insurance Law, there is still some room for further improvement： the legal system needs further perfection, equality is to be further enhanced, Chinese national character is to be further explored and established.