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On Social Security of Vulnerable Groups
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The academic circles generally divide the vulnerable groups into two categories: physiological vulnerable groups and social vulnerable groups. There are obvious physiological reasons for the former to become a vulnerable group, such as age, disease and so on. The latter is basically caused by social reasons, such as being laid off, unemployed and excluded. From the overall situation of China's vulnerable groups, the main body is the social vulnerable groups. At present, the specific composition of vulnerable groups in China generally includes children, the elderly, the disabled, the mentally ill, the unemployed, the poor, laid-off workers, help seekers in disasters, migrant workers, informal employees and vulnerable groups in labor relations.
First, the main characteristics of vulnerable groups
1, China's current vulnerable groups, in terms of scale and degree of disadvantage, should first push the poor groups. With the development of market economy, economic wealth has been growing, and at the same time, new poor groups have emerged: laid-off workers in cities and towns, landless farmers, and employees of enterprises that have stopped production or stopped production. According to Zhu, an expert in social statistics, there are about 30 million urban poor people in China, and the poverty level is about 8%. Together with the 80 million poor people in rural areas of China, the total size of poor groups is about 654.38 billion. And the size of vulnerable groups estimated by relevant experts is 1? á 4- 1? There are about 800 million people, so the poor groups constitute the main body of the vulnerable groups in China. Followed by the disabled group. Once again, it is the elderly group. In addition, there are some vulnerable groups in China, such as single-parent families, most of which are composed of women and children; Crime and teenagers on the verge of crime; Drug addicts; Children of reform-through-labour prisoners; Urban floating population without fixed address and fixed occupation, etc.
2. At present, the disadvantaged groups appear under the condition of intensified social differentiation, and many people have a strong sense of relative deprivation. Since the reform and opening up more than 20 years ago, the overall living standard of the people in China has improved, but it is not balanced among regions, groups and individuals. China has changed from a society where egalitarianism prevailed before the reform and opening up to a society with a large income distribution gap. Social differentiation based on economic differentiation is also growing, and the relative social status of some people has declined, resulting in a serious sense of relative deprivation, which must be highly valued. A set of data can be used to illustrate that in recent years, with the continuous advancement of industrialization and urbanization, there are millions of landless farmers in China every year, with a total number of 40 million to 50 million. Because many landless farmers lack the necessary skills to make a living in non-agricultural industries, there are some unfair phenomena in land acquisition compensation, and their production and life are also facing great difficulties; The reform and structural adjustment of state-owned enterprises since the middle and late 1990s have released about 30 million laid-off workers to the society. In addition, the maintenance of the basic rights and social security of more than 654.38 billion migrant workers in cities also urgently needs to find a solution.
3. To change the living conditions of vulnerable groups, we need the help or support of the state and social forces. Regardless of personal reasons or social reasons, although the socially disadvantaged groups do not want to change the above predicament, they cannot change their weak position by relying on their own strength. In the early stage of capital development, the society emphasized free competition and "survival of the fittest", people blamed the poverty of the disadvantaged groups on personal reasons, and the society adopted a laissez-faire attitude towards the disadvantaged groups. This situation has undergone major changes. People look at the causes of its formation more from the perspective of society. People realize that the help and support of external forces should be the main force to improve and change their situation. Of course, social support in the modern sense is not passive help or giving; It emphasizes the support of external forces, and at the same time, by combining with the strength of members of vulnerable groups, it enhances the ability of socially vulnerable groups and increases their opportunities to participate in society, thus achieving the purpose of changing their vulnerable situation. This is the concrete embodiment of the concept of "helping others and helping themselves" emphasized by modern social work.
Second, the significance of strengthening social security for vulnerable groups
1 is the requirement of building a harmonious society. At present, the biggest obstacle to building a harmonious society is the polarization between the rich and the poor. The polarization between the rich and the poor has become the main contradiction in society, which may trigger conflicts at any time and endanger social stability and harmony. Therefore, balancing social wealth, strengthening the protection and assistance to the socially disadvantaged groups and promoting social equity are not only the proper meaning of a well-off society in an all-round way, but also the bottom line of building a harmonious society.
2. It was put forward on the basis of reviewing and reflecting on China's reform and opening up. China's reform and opening up began with economic motives, but while emphasizing economic development, we paid insufficient attention to social development and ecological development. For example, the social insurance system lags behind the enterprise reform, and the problem of "agriculture, countryside and farmers" is becoming more and more serious. In urban construction, the image of the city and the interests of real estate developers are emphasized, while the interests of the relocated residents and landless farmers are ignored. As a result, the environmental pollution is becoming more and more serious with the economic growth. Now we gradually realize that economic development, social development and ecological development should be paid equal attention to in reform and opening up. To achieve this all-round development, the urgent task is to build China from a low level of food and clothing to a high level of well-off society and protect vulnerable groups.
This is the requirement of the general trend of linking human rights with international trade. In the process of China's accession to the World Trade Organization, the human rights issue has always been an embarrassing attack point for China in western countries. Linking "social clauses" with international trade has become the focus of the new round of WTO negotiations. Judging from the general trend of international trade development, human rights, especially the rights and interests of workers, are indeed being paid more and more attention. China, which is in the world trade circle, should certainly conform to this general trend and attach importance to and protect human rights. Protecting social vulnerable groups, including laid-off workers and migrant workers, should be our top priority in protecting human rights.
Third, measures to strengthen social security for vulnerable groups
1. Focus on promoting the reform of the social security system and establish a sound social assistance system as soon as possible. At present, there are some problems in China's social security system, such as small coverage, heavy burden and "duality" between urban and rural areas. Even the minimum living security system only solves the problem of minimum nutritional needs determined according to the local consumption level. In fact, quite a few poor people need a comprehensive social assistance system. This system should at least include the following contents: First, further improve the minimum living security system; The second is to establish a medical assistance system for the poor; Third, formulate relevant policies to enable children from poor families to enjoy equal opportunities for compulsory education (through education subsidies or reduction of education expenses); Secondly, it is necessary to establish an emergency rescue mechanism for the poor people who have suffered from natural and man-made disasters.
2, quickly and comprehensively promote the construction of social insurance system. Social insurance does not focus on vulnerable groups, but effectively relieves people's worries by providing old-age insurance, medical insurance for diseases, unemployment insurance, industrial injury insurance and maternity insurance. And create conditions to prevent the insured from becoming a vulnerable group. Therefore, we must abandon the tendency of neglecting social insurance as long as social assistance is provided, or only paying attention to poverty relief. According to the actual national conditions and the new changes in the employment pattern, we must quickly promote the construction of various social insurance systems under the condition of improving the existing systems: First, improve the basic old-age insurance and unemployment insurance systems (according to the survey of the National Bureau of Statistics, 1999 is only 36? 6% of the residents participated in the old-age insurance. 1 1? 8% people participated in unemployment insurance, which is a huge gap with developed countries); Second, comprehensively promote the reform of the medical system as soon as possible (by the end of 2000/KLOC-0, China's medical insurance coverage rate was less than 20%, and there were phenomena in both urban and rural societies that low-income families were afraid to seek medical treatment and some residents became poor due to illness); The third is to establish and implement the industrial injury insurance system as soon as possible.
3. Increase investment in social security. First of all, we should establish a fixed financial allocation system. The government should assume the responsibility of protecting the vulnerable groups and leading the whole social security system. Therefore, the government should make clear the proportion of social security investment in finance and the corresponding growth mechanism, and strengthen the collection management to improve the fund collection rate. The second is to clearly define the responsibility of enterprises. The new social insurance system should collect social insurance premiums from all enterprises that meet the legal norms according to the unified rate standard, including basic old-age insurance, unemployment insurance, medical insurance, industrial injury insurance and maternity insurance that enterprises should bear. The third is to implement personal responsibility. It is to let workers share the corresponding social insurance premiums, such as collecting personal social insurance premiums and collecting service fees for related social welfare according to the principle of non-profit. In addition, the distribution of national personal income can be moderately adjusted by raising personal income tax and interest tax and formulating inheritance tax, gift tax and special consumption tax system, so that residents who get rich first can share more social security responsibilities. The fourth is to guide all sectors of society to share corresponding responsibilities.
4. Vigorously strengthen the construction of rural social security system and attach importance to the rights and interests of migrant workers and other floating population. According to statistics, the total scale of poverty-stricken groups in China is about 654.38+0 billion, of which 80 million are in rural areas. The floating population in cities, mainly migrant workers, has reached more than 1 100 million, but the migrant workers in cities are completely out of the city's social security net. In this context, we must actively promote the construction of rural social security system in order to truly protect the vulnerable groups of rural residents and prevent the vast majority of rural residents from becoming vulnerable groups. The first is to further improve the basic living security of poor farmers. The second is to speed up the construction of the new rural cooperative medical system. The third is to gradually establish a rural endowment insurance system. For migrant workers, we must first ensure that they get wages equivalent to their own labor value and that they are in place on time and in full. In addition, as many migrant workers as possible should be included in urban industrial injury insurance as soon as possible to solve the medical and economic compensation problems when they suffer accidents or occupational diseases at work.
It is necessary to establish a strict protection network for vulnerable groups. Law is the root of protecting the rights and interests of vulnerable groups. We should start with legislation, law enforcement, law popularization and legal aid to build a rigid protection network for the rights and interests of vulnerable groups. In particular, the government should take the lead in putting an end to the phenomenon of "administrative inaction" in protecting legitimate rights and interests, actively organize public welfare lectures on legal popularization, strengthen the legal awareness of vulnerable groups, especially litigation awareness, and guide and encourage vulnerable groups to use legal weapons to safeguard their legitimate rights and interests. As a judicial department, vulnerable groups should be regarded as important targets of legal aid. At the same time, we should also see that the needs of vulnerable groups are twofold. They need not only economic or legal help, but also spiritual respect and understanding.
6. Measures to strengthen human resources and vocational education of vulnerable groups. Specifically, we can start from the following two aspects: First, create various vocational learning opportunities for the disadvantaged groups. The government should strengthen the implementation of knowledge to enrich the people, establish a real compulsory vocational education system for farmers in poverty-stricken areas, focus on the strategic adjustment of agricultural and rural industrial structure, pay attention to practical technical training, and enhance the ability of rural labor force to master and apply advanced practical knowledge; Increase financial transfer payments to poor areas and use them for basic education, basic health and basic telecommunications services in rural areas. The second is to strengthen entrepreneurship training for laid-off workers and improve their re-employment ability. First of all, we should increase the expenditure on re-employment training for poor groups in order to strengthen free training for urban poor and unemployed people and improve their re-employment ability; Secondly, while tapping employment opportunities, do a good job in providing vocational guidance to poor workers; In addition, government funds can be set up to guarantee small loans and help them get loans for small businesses.
The Solution and Improvement of Social Security for Vulnerable Groups
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First, the characteristics and scope of vulnerable groups
1, characteristics of vulnerable groups.
(1) Low economic income is the primary feature of vulnerable groups. Social vulnerable groups are usually economically low-income, and their economic income is lower than the per capita income level of society, even hovering on the edge of the poverty line. There are many reasons for the low economic income of some social members, and the low economic income also causes the vulnerability of vulnerable groups. Once they encounter diseases or other disasters, it is difficult for them to have enough endurance.
(2) living in poverty. The low economic income determines the poverty of the disadvantaged groups in social life, which is manifested in both the low living standard and the low quality of life. In its consumption structure, most or all of the income is used for food, that is, the Engel coefficient is as high as 80- 100%.
(3) Low political influence. Vulnerable groups are at the bottom of the social stratification system, with few opportunities for political participation and low influence on political life. However, the disadvantaged groups are far away from the social power center and rarely participate in social and political activities, which makes it difficult to influence the formulation of public policies. At the same time, it also means that it is difficult for the disadvantaged groups to quickly get rid of their own difficulties and solve their own problems by relying on their own strength.
(4) High psychological sensitivity. Due to the low economic income and poverty in social life, the psychological pressure of the disadvantaged groups in society is higher than that of the general social groups. Their professional skills are not competitive in the market, or they lose their age advantage, so they have no sense of professional security, low and unstable income, pessimistic about their life prospects and great psychological pressure. At the same time, due to the low political influence of the disadvantaged groups, the relative deprivation and frustration are more serious, and they lack social support in social life, which makes it difficult for them to adjust themselves psychologically and easily lose confidence in life.
(5) ineffective protection of rights and interests. For example, the rights and interests of migrant workers in cities are often not well protected; The weakness of personal ability and information resources, such as the ability defect of "three noes" personnel and the insufficient information resources of urban and rural poor people.
2. The scope of vulnerable groups.
At this stage, the composition of China's social vulnerable groups is more complicated, mainly including the following aspects:
(1) The poor. Under the long-term dual system in China, poverty mainly occurs in rural areas of China because the state has adopted a series of safeguard measures and preferential policies for urban residents. In the mid-1980s, the urban social assistance recipients only accounted for 1% of the total urban population. However, with the further deepening of market reform and the re-integration of macro-interest pattern, urban poverty has begun to appear and become increasingly serious.
(2) unemployed groups. Due to the change of industrial structure, since the mid-1990s, a large number of laid-off workers began to appear in China cities, and many people had a hard life, and some retired and unemployed people also had a hard life. In 2000, the comprehensive urban unemployment rate in China was 5.05%, and it is predicted that it will rise to 5.74% in 200 1 year. With the combination of laid-off and unemployment, the unemployment problem in China will become more prominent.
(3) Disabled groups. Due to their own physical defects, this group is at a disadvantage in social competition, with difficulties in employment and living in poverty. At present, there are more than 500 million disabled people in the world, accounting for 10% of the world's total population. There are 5 1.64 million disabled people in China. Among the disabled groups, some people with working ability or some people with working ability are employed in welfare enterprises, but their income is low; Disabled people who are unable to work or lose their ability to work can only rely on state relief or family support. According to statistics, at present, 70% of disabled people in China rely on state relief or family support.
(4) the elderly. The elderly group is a kind of age vulnerable group, which can also be said to be a kind of physiological vulnerable group. Among them, the elderly living alone and those who have no ability to take care of themselves have become obvious vulnerable groups. China has the largest elderly population in the world. By the end of last century, China's elderly population aged 60 and above was close to 654.38+0.3 billion, accounting for 654.38+0% of the national population. The speed of population aging and the number of elderly people in China are unprecedented in the world population history. This huge group of elderly people mainly live on pensions, or rely on their families to achieve security. As a social vulnerable group, the problems of the elderly group are increasingly prominent.
Second, the social support policies for the disadvantaged groups in China.
1, strengthen the government's social policy support.
(1) According to national laws, the government has established necessary management institutions and formulated specific policies and measures, such as establishing and improving the social security system, giving preferential policies, providing fair employment opportunities, and using legal means to protect the rights and interests of vulnerable groups. The government has the responsibility to protect it in the form of legislation and system. In terms of legislation, it is necessary to realize the systematization of legislation for the protection of social vulnerable groups, including the systematization of legislative forms and legislative systems. Broadly speaking, the legislative protection system for socially disadvantaged groups consists of social security law, labor law, women's and children's protection law, elderly protection law and disabled protection law. In a narrow sense, labor law and social security law are the core of social law, which play the role of basic law in vulnerable groups. At present, the outstanding legislative task is to formulate social insurance law, amend labor law and improve employment and re-employment legislation. In terms of system construction, the legal protection of social vulnerable groups should focus on the protection of rights, and protect social vulnerable groups from opportunities, abilities and material assistance.
(2) The government should have other social policies to provide policy support for the disadvantaged groups. For example, the U.S. government's action to protect vulnerable groups is a legal design aimed at promoting the value of social justice, and public institutions are responsible for implementing these laws and regulations through their plans, policies and laws. In the process of implementation, it not only opposes employment discrimination, but also requires employers, trade unions and employment consulting services to take active measures to reduce the situation that members of socially disadvantaged groups cannot be fully represented or employed by formulating and implementing action plans to protect them.
2. Solve the social security problems of vulnerable groups.
(1) Improve China's social insurance system. Social insurance is a basic system to ensure that citizens get necessary material compensation when their income is reduced or lost due to work-related injuries, diseases, unemployment and old age, and it is the cornerstone of the social security system. Perfecting insurance legislation is a key step to fully protect the interests of vulnerable groups.
Broaden the scope of industrial injury insurance and protect the rights and interests of migrant workers. The purpose of industrial injury insurance is to provide wage compensation, medical care, disability compensation and life care for those who have lost their labor force due to industrial injury or occupational disease. In real life, some manufacturers did not participate in industrial injury insurance when hiring migrant workers. In the event of casualties, they will "settle privately" with farmers, and manufacturers will evade their responsibilities, which may bring lifelong pain to migrant workers. Therefore, legislation should expand the scope of industrial injury insurance, force all enterprises to participate in industrial injury insurance, and protect the rights and interests of workers.
Improve the unemployment insurance system to ensure the basic livelihood of laid-off workers. A perfect unemployment insurance system should be established in legislation. First of all, we should establish a complete unemployment registration system, clarify the standards, expand the scope, and strive to register every unemployed person to reduce the number of "hidden unemployed"; Secondly, it is necessary to strengthen the collection and payment of unemployment insurance premiums, so that both workers and employers can take responsibility and jointly undertake the task of paying unemployment insurance premiums, so as to nip in the bud.
Explore the endowment insurance system suitable for rural development level. For a long time, the responsibility of providing for the aged in rural areas in China has always been the family. But with the implementation of the family planning policy, many families are only children. If a couple in rural areas have to support more than four elderly people, it will be unbearable. We can explore the rural old-age insurance system in combination with the actual situation, such as withholding the old-age insurance premium from rural taxes and initially establishing the rural old-age insurance system, so that the basic life of the rural elderly will have social security in the future.
(2) Improve the social assistance law. Social assistance, also known as social assistance, refers to a social security system in which the state provides material assistance to citizens and low-income people who have lost their ability to work due to disasters in order to maintain their minimum living standard. This system embodies the protection of citizens' basic right to subsistence, and the basic function of social assistance is to help the poor. In China, the "poor" refers to the vast urban and rural poor population. According to statistics, the number of this group has reached more than 50 million. Disaster relief is mainly aimed at natural vulnerable groups. According to the statistics of relevant scholars, the population damaged by various natural disasters in China exceeds 200 million every year, and disaster relief assistance is always a task.
(3) develop special social welfare undertakings to ensure the survival and development of the physically disadvantaged groups. Social welfare refers to various welfare undertakings and public services organized by the state and social organizations except social insurance and social assistance. It includes public welfare undertakings and specialized welfare undertakings, the latter is the embodiment of the special social security of the state and society for the physically disadvantaged groups. Through unified legislation, we can truly embody the principle of universality of social welfare, gradually narrow the differences in welfare treatment between urban and rural areas, between enterprises and between regions, and establish a unified and coordinated social welfare security system, so that the socially disadvantaged groups can be treated equally not only materially but also spiritually, and truly meet the basic living requirements of the "three noes" personnel. Through mandatory legislative planning, ensure that social welfare undertakings have sufficient sources of funds.
(4) Improve the social security dispute settlement procedure. When the social security right of social vulnerable groups is infringed, there should be simple and quick legal channels to obtain relief, including administrative means and judicial means. The content of social security is usually related to citizens' basic right to subsistence, such as pension and subsistence allowance. When solving social security disputes, we must consider their situation and give relief to vulnerable victims through the simplest, convenient and low-cost procedures as much as possible. The cost of solving social security disputes with the current judicial procedure law is too high, which is not conducive to effectively protecting the social security rights of vulnerable groups. It is suggested that such problems should be solved mainly by administrative means, and the application fee for victims should be reduced or exempted according to the actual situation. Only in this way can the disadvantaged groups get effective social security.
3. Give play to the social support role of the "third sector"
In the 1980s, the research on the "third sector" appeared in western countries, which took non-governmental organizations and non-profit organizations as the research objects. After 1990s, the movement of establishing non-governmental organizations and non-profit organizations rose in western countries. In this movement, "the people created various groups, foundations and similar organizations, and they took it as their responsibility to carry out humanitarian services, promote the development of grass-roots society, safeguard civil rights and other goals that seemed to have been ignored by the government for a long time." It is neither a state institution nor a private organization, and has the characteristics of voluntariness, non-profit and autonomy. The third sector can fill the gap between government agencies and individual needs, especially social services and social security for vulnerable groups, effectively promote social integration and citizens' political participation, and can "become a reservoir of cooperation, care, spiritual life and intellectual creation". In the new era, China should give full play to the supporting role of the third sector and social volunteers in establishing social support networks for vulnerable groups. For example, encourage the establishment of various non-governmental organizations, set up foundations, and develop charities that provide support, protection and services to vulnerable groups.
In judicial protection, a prominent problem must be solved: the problem of high litigation cost. The economic poverty of vulnerable groups makes it difficult for them to pay expensive litigation fees. When their rights and interests are violated, they can't seek judicial protection, because they can't afford the expensive litigation costs. Therefore, the judicial protection of the weak is only a possibility, which cannot be turned into reality. Therefore, to strengthen the judicial protection of social vulnerable groups, we should explore ways to simplify procedures and reduce litigation costs. The experience of foreign "small claims" is worth learning, and at the same time, we should improve our legal aid system and provide social support for the socially disadvantaged groups to seek judicial protection.
In short, whether the social protection and social support of vulnerable groups can be effectively solved so that they can all live a decent life is not only related to the social stability of China and the long-term stability of the country, but also related to the long-term efficient and orderly development of the socialist market economy in China. Therefore, only by establishing a multi-level and three-dimensional social support network for vulnerable groups and solving the social support and social protection problems of vulnerable groups from policies and systems can we maintain social stability, resolve political risks and promote social development.