The NPC Standing Committee Passed The Social Insurance Law.

This is the first time that the supreme national legislature has legislating the social security system.

From improving the overall level of basic old-age insurance, making clear the old-age insurance, we can pfer and continue, to establish the settlement system of medical expenses for different places, and to strengthen the supervision of the people's "life saving money".

The adoption and implementation of the social security law, which is closely related to the vital interests of the masses, will have a profound impact on the development and improvement of China's social security system.

First made

In recent years, China's social security coverage has been expanding.

By the end of June this year, the old-age insurance system for urban workers covered 245 million people, covering 1 billion 250 million urban and rural basic medical insurance, and 153 million people with work-related injury insurance, and nearly 60 million people had just started the pilot farm insurance.

As an important pillar system for improving the socialist market economic system, building a harmonious socialist society and building a well-off society in an all-round way, China's social security system has only one single regulation, and different departments and different places also have their own social security policies.

The formulation of a national comprehensive social security basic law is an important legislative task for the highest national legislature to improve the social security system, safeguard and improve people's livelihood.

The social security law voted by the Standing Committee of the National People's Congress has established the basic framework of the social insurance system in the form of legislation for the first time, focusing on the principles of social insurance, coverage of various insurance categories, social insurance benefits and enjoyment conditions, social insurance agencies, social insurance funds supervision and payment of social insurance.

Zheng Gong, member of the Standing Committee of the National People's Congress and professor of Renmin University of China, said: "the introduction of the social insurance law provides a basic legal basis for the reform of China's social security system, and achieves a significant pformation from the experimental stage to the stable, sustainable development of the social security system."

"To solve the problems first, we should gradually solve the problems of low level of protection, unfair standard treatment and so on."

Shen Chunyao, member of the Standing Committee of the National People's Congress, thinks that it is a great progress if we can determine the basic system, basic rights, obligations and the direction of social insurance through legal form.

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Old age and medical insurance will achieve "roaming" in different places.

The pfer of basic pension insurance relationship has been a prominent problem that restricts the development of social insurance in China.

Due to the difficulty of pfer and continuity, the enthusiasm of workers to participate in insurance is not high, and even a large number of migrant workers have returned insurance in some places.

According to statistics from the social security department of Shenzhen, about 5800000 people participated in basic endowment insurance in Shenzhen in 2009, and the number of surrender was 1 million.

How to ensure that the social security system can really cover the floating population, especially the peasant workers, is highly valued by the party and the state.

In 2009, the State specifically promulgated the Interim Measures for the pfer and continuation of the basic old-age insurance relationship among urban employees, and proposed that the insured should cross provincial employment and the pension insurance relationship should be pferred to the location of employment.

The social security law passed this policy in the form of state legislation.

This Law clearly stipulates that the basic old-age insurance relationship will be pferred to the individual in the area of overall Co ordinating employment, and the payment period will be calculated. When the individual reaches the statutory retirement age, the basic pension shall be calculated and paid uniformly.

The law also stipulates the pfer and continuity of the basic medical insurance: "the basic medical insurance relationship is pferred with the individual, and the payment period is calculated."

Van Sherite, a member of the Standing Committee of the National People's Congress, gave a high degree of affirmation to the basic old-age insurance and medical insurance "roaming". "This solves a problem that we care about. People do not need to surrender from one place to another, and the old-age insurance can follow people. This is a very good practice."

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Basic endowment insurance for the first time establishes the goal of "national overall planning"

How to further improve the overall level of basic old-age insurance is a matter of great concern to the people in less developed areas.

According to Hu Xiaoyi, Vice Minister of the Ministry of human resources and social security, by the end of 2009, all provincial administrative regions of the country had formulated the provincial overall planning system.

After evaluation, 25 provincial units have reached the provincial level, and 27 units are evaluating them.

"On this basis, we will study the national pension plan."

Previously, the provisions of the draft social insurance law on this issue are not very clear.

Some members of the Standing Committee of the NPC put forward: "in order to promote the national unification and opening up of the labor market, we should gradually improve the overall level of social insurance, and constantly adjust and reduce the social insurance level differences between the East and the west through the law. The legislation should minimize the provision of allowing local differences, increase the uniform provisions of the system, and prepare for the realization of national co-ordination."

According to the deliberations of the members of the Standing Committee, in view of the fact that the basic old-age insurance fund has been basically implemented at all levels in all parts of the country, the social insurance law clearly stipulates the improvement of the overall level of social insurance at the "last minute" before the vote. The basic pension insurance fund gradually implements the overall plan for the whole country, and other social insurance funds are gradually implemented at the provincial level. The specific time and steps are stipulated by the State Council.

"The biggest advantage of the overall plan for the whole country is that it can solve the problem of vast territory and unbalanced regional development, and solve the problem of supporting the western region and cities to support the countryside with the East."

Zhu Yongxin, member of the Standing Committee of the National People's Congress, commented.

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Strengthen the collection to ensure that the people "save their lives" will not fail.

The community has been very concerned about the arrears of insurance premiums by some units and individuals.

"In the past 20 years of implementation of the social security system, there are often problems of social insurance premiums collection."

As the Vice Minister of human resources and social security department in charge of social security work, Hu Xiaoyi admits: "some enterprises are really unable to pay because of the objective reasons such as operational difficulties and on the verge of bankruptcy, but some of them are because of the indifference of social insurance consciousness, and those who want to evade or evade payment of insurance premiums."

Hu Xiaoyi pointed out: "if there is no coercive means in the payment of social security fees, the system of compulsory enforcement of social security will not continue to develop, and the rights and interests of labourers will hardly be guaranteed."

In view of this, the newly promulgated social insurance law strengthens the obligation of employing units to pay employees' social insurance premiums, and stipulates mandatory measures that can not be paid to employers.

The law stipulates that the employer should pay the basic old-age insurance premium according to the proportion of the total wages of the employees prescribed by the state, and record it in the basic endowment insurance co-ordination fund.

Workers shall take part in work-related injury insurance, and the employer shall pay the industrial injury insurance premium, and the worker shall not pay the insurance premium for the industrial injury. The employing unit shall declare itself, pay the social insurance premium on time and in full, and shall not delay or cancel the legal cause not for force Majeure.

In response to the phenomenon of arrears of social security payments, the law also provides highly operational and rigid countermeasures: social insurance levy agencies can inquire about their savings accounts to banks and other financial institutions, and apply for pfer to the relevant administrative departments; at the same time, without providing guarantee, they can apply for people's courts to take measures of seizure, seizure and auction, and to pay social insurance premiums.

In accordance with the law of industrial injury insurance, the law also stipulates that employers do not pay industrial injury insurance premiums in accordance with the law.

Where the employer does not pay, it is paid first from the industrial injury insurance fund.

The industrial injury insurance premium paid in advance shall be paid by the employer, and the non reimbursement shall be recovered in accordance with the law.

"In accordance with the situation of arrears, this law gives social insurance collection institutions more means and implementation measures, with the purpose of strengthening the collection of social insurance premiums, better ensuring the normal collection of funds, and ensuring the rights and interests of all beneficiaries."

Hu Xiaoyi said.

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Strengthen supervision and "gaze" people's "life saving money"

By the end of 2009, the scale of assets managed by the social security fund has reached 776 billion 600 million yuan, and the safety of the fund has attracted considerable attention.

Especially in recent years, the major cases of social security funds have come out from time to time and become the focus of attention of the whole society.

Experts pointed out that at present, some local social insurance administrative departments have set up administrative supervision and investment operation, and they have become a great hidden danger of the system.

When considering the draft social security law, some members of the Standing Committee of the National People's Congress repeatedly put forward that the accumulated amount of social insurance fund is large and scattered. In order to ensure the safety of the fund, it should be strictly regulated and strengthened.

The newly promulgated social insurance law fully absorbs the opinions of the members and representatives, and stipulates the regulation of the social security fund: the state carries out strict supervision over the social insurance fund; the State Council and the people's Government of the provinces, autonomous regions and municipalities directly under the central government establish and improve the supervision and management system of the social insurance fund to ensure the safe and effective operation of the social insurance fund; and encourage and support all sectors of the society to participate in the supervision of the social insurance fund.

What is particularly noticeable is that this law also lays down a specific chapter on the supervision of social insurance: the regional people's Government shall set up a social insurance supervision committee composed of representatives of the employing units, representatives of the insurance workers and representatives of the trade unions and experts, etc., and master and analyze the social insurance fund's income and expenditure, management and investment and operation. It shall also put forward advisory opinions and suggestions on social insurance work and implement social supervision; the Standing Committee of the people's congresses at various levels shall hear and consider the special work report of the people's government at the corresponding level on the income and expenditure, management, investment operation and supervision and inspection of the social insurance fund, organize the law enforcement inspection of the implementation of this law, and exercise the supervisory authority according to law.

"Social insurance fund is the" life saving money "of ordinary people.

Liu Xiaowu, deputy to the National People's Congress who participated in the law, said: "in order to ensure the safety and value added of the social security fund, we must strengthen supervision and establish a comprehensive, rigorous, scientific and effective supervision system."