On employee insurance in social insurance law
Social insurance is the basic guarantee system for citizens' basic life given by the Constitution, so that the basic rights and interests of citizens are not related to the rights and interests of some citizens-"workers" or insured persons. Therefore, it is extremely wrong to determine whether citizens enjoy social insurance rights by the amount of premiums paid by social insurance participants, or to say that "paying more and enjoying social security is laziness", which deprives citizens of equal enjoyment of national constitutional rights and public financial rights. Social insurance is a basic living security system and a legal system to maintain the stability of citizens and society. It is not an excuse for a few rich people to earn more for their hard work and occupy the national public finances with generous wages. Every citizen has equal rights to enjoy the same amount of funds as the national social insurance. As long as those rich workers or businessmen participate in commercial insurance, they can realize more pension and medical care!
The original intention of the draft social insurance law is to legislate for the social security of 654.38+0.3 billion urban and rural residents in China. However, the first article of the draft law aims to safeguard the interests of the insured, while the specific provisions stipulate that the insured are employees, so that the non-employees who account for the vast majority of the population become outsiders in social insurance? So the Social Insurance Law became the Employee Insurance Law? This goes against the original intention of legislation. In order to realize the ruling program and policy of letting all people enjoy the fruits of reform and development, we must completely change the thinking of social insurance system around "employees" and focus on all rural residents, urban informal employees and floating population. In a word, the object of social insurance legislation protection is all China citizens, not some workers!
2, the proportion of national responsibility of social insurance and social planning.
Needless to say, the defects of the existing social insurance law (draft) are that the government's responsibility is not in place and the social insurance legal system framework is difficult to meet the social insurance needs of 654.38+03 billion people. This is incompatible with the basic right of citizens to enjoy national social insurance protection stipulated in the Constitution, and there is a gap with the social development goal of establishing a social security system covering urban and rural residents!
According to the traditional social insurance fund co-ordination method adopted in the Social Insurance Law (Draft), units and individuals are the main responsible persons of the social insurance fund, then only about 200 million urban residents out of 654.38+0.3 billion people can enjoy social insurance rights and interests, and the statistics of the labor department are also about 200 million. The draft fails to see the state's responsibility for citizens' social security funds.
For example, according to the existing data of 200 million insured persons, each person pays an average premium of 20,000 yuan, and the unit and the state pay 60,000 yuan. The scale of social insurance fund should be 16 trillion yuan. But in fact, there are far fewer social insurance funds! It seems that all units have paid social insurance premiums, but the state has not borne the corresponding part. But in fact, in some places, migrant workers paid insurance premiums when they returned home, and local governments left the social security funds allocated by the state finance! The problem is a serious shortage of social insurance funds. What is the root cause of low social insurance coverage?
65.438+0.3 billion people, about 400 million minors are raised by families, and 900 million urban and rural residents need social insurance coverage. At present, only about 200 million people have participated in social insurance (including civil servants). According to the existing social insurance co-ordination system, it will be difficult for a large number of farmers and unemployed and unstable people to enjoy social insurance, and the desire of social insurance to cover every citizen is deceptive! Obviously, the existing social insurance co-ordination system has fundamental defects, the core of which is that the state's social insurance responsibility for each citizen is not in place. It is putting the cart before the horse to decide that citizens enjoy social insurance by coordinating social insurance participants! The best way to achieve social insurance coverage for every citizen is for the state to first put the social insurance fund for 900 million people in place. Even if every citizen country invests 500 yuan insurance funds every year, the country will flow out 450 billion financial funds every year as a social insurance fund.
In fact, in the process of creating social wealth, whether it is the accumulation of national wealth or the savings of individuals and enterprises, it all comes from the productive labor practice of workers, but because of the possession of means of production, different workers, enterprises and countries have different income distribution. People get paid through productive labor, and then use it for consumption, while leaving some savings for emergency needs such as old-age care, medical care, and sudden major events. This is the traditional process of human production and life. At present, the social insurance system in society is just that the state, not individuals, accumulates some wealth to prepare for future pension and medical care. Therefore, we say that social security issues such as people's pension are nothing more than two situations. First, everyone helps themselves; Second, the state has set out to establish a universal social security system, which is divided into three ways: full state investment and joint investment by the state, enterprises and individuals.
3. Savings deposit system is a supplementary form of social insurance system, and commercial banks should ensure the safety and appreciation of savings property.
In the absence of social insurance, a large number of people in China realize social security such as old-age care and medical care through savings deposits. Therefore, the savings deposit system in the social security system should be regarded as one of the social insurance methods for the 654.38+300 million people in China! In the case that social insurance cannot effectively cover the vast majority of people, the state should encourage and legislate to ensure that citizens can realize social insurance protection through personal savings deposits. For example, banks are required to be special accounts for citizens' social insurance deposits, and high-interest long-term deposits are implemented for social insurance deposits. The state is giving matching funds to solve the problem of effective coverage of social insurance. If the country really can't guarantee the social security of the vast majority of people, it is one of the effective measures to solve the social security system to improve the level of personal income distribution and establish a personal savings deposit security system.
4. Civil servants should pay social insurance premiums.
In the existing social insurance system, civil servants do not need to pay social insurance premiums, which is based on the reality that public finance pays civil servants' wages and benefits. Under the background of civil servant salary, civil servant salary has become a high-paying group after monopoly industries and enterprise salary. Compared with ordinary workers, the salary level of civil servants is higher. Ordinary workers pay social insurance funds according to the local minimum wage or average wage level, but civil servants do not. In other words, under the same income level, ordinary workers need to pay social insurance premiums, while civil servants don't, which is unfair! Violation of the principle of equality of citizens before the law in the Constitution. Why is there a gap between civil servants and ordinary workers for the same remuneration? Moreover, civil servants enjoy special treatment higher than ordinary social workers in many fields such as housing. Therefore, while the wages of civil servants and ordinary workers are the same, workers should enjoy the same treatment as civil servants on the issue of social insurance pooling funds!
5. The social insurance law shall hold a legislative hearing.
The hearing on the revision of individual income tax law held in 2005 opened a new era of open and democratic legislation in China. However, the number of individual taxpayers will not exceed 300 million, which is far from the number of citizens involved in the Social Insurance Law! The number and scope of people covered by the existing social insurance system are seriously insufficient. If the opinions of all the people are widely solicited and the overall model of social insurance is fundamentally reformed, then the goal of social insurance covering urban and rural residents will be empty talk and the social insurance legislation will be imperfect! Holding a hearing on social insurance legislation is an objective requirement for brainstorming, improving the quality of legislation and achieving the goals of social insurance system innovation and social development! To this end, we must attach great importance to opinions and suggestions from different parties and groups! Since the National People's Congress has opened its doors to listen to public opinion, why not hold a legislative hearing? It is the best way to solve the differences in social insurance legislation to hold legislative hearings with the extensive participation of citizens from different classes!
In order to promote the sound development of the economy, realize the existing universal social insurance and build a harmonious socialist society, the author suggests that the Social Insurance Law (Draft) be substantially revised to break through the defects and obstacles of the existing insurance system, ensure that the national social insurance responsibility is fulfilled first, and realize that everyone enjoys the national social insurance rights and interests.