养老保险利益对接规则的规范审查——以宪法平等原则为基准

The Normative Scruting of the Connecting Rules of Workers' Benefit of Endowment Insurance——Taking Principle of Equality as the Standard

在城市化与工业化的国家现代化进程中,产生了数量庞大且流动性极强的劳动者。而在我国企业低工资的现实下,养老保险利益作为劳动者退休后生活的基本保障,具有与生存权相关的财产权性质。现行养老保险利益对接规则,以户籍或职工身份为类型化根据,设定差别待遇。而宪法平等原则本质上以实质平等为追求,对立法具有拘束力。透过宪法平等原则的审查,养老保险利益对接规则应祛除其不正当性。

A large number of workers appeared during the process of national modernization which is mainly made up of urbanization and industrialization.Owing to the policy of low wages of labors in companies,the interests of pension that has the nature of property related to the right to survival is the basic guarantee for retired workers.At present the joining rules of labors＇ interest of pension have made different treatment basing on identity of household registers or employees.The principle of equality that could restrict legislation underlines essential equality.The unfair elements of these rules should be removed according to the principle of equality.