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基本养老保险立法面临着四个方面的疑难,即原理之疑难、定型之疑难、定性之疑难和定局之疑难。原理疑难在于其法理阐释甚为复杂,其对制度之拿捏难以把握;定型之疑难在于其范围覆盖之边界难以确定,农民工、失地农民、公务员、事业单位工作人员、农民等之基本养老保险均需个别描述,难显统一基本养老保险之型;定性之疑难在于其模式选择困难,在于制度内在妥当性,实为基本养老保险的法理塑造问题;定局之疑难在于其法治化障碍远非自身法理所能释明,相关的利益衡平和技术支撑存在不少难题。
The basic pension insurance legislation faces four aspects of the problem, namely the problem of the principle, the difficulty of the stereotype, the problem of the qualitative problem and the determination of the problem. The difficulty of the principle is that its legal interpretation is very complicated and its control over the system is difficult to grasp. The difficulty of setting is that it is difficult to determine the boundary of its coverage. Both the basic pension insurance for peasant workers, landless peasants, civil servants, public institution staff and peasants It is difficult to unify the basic pension insurance model; the difficulty of qualitative lies in its model selection difficulty lies in the inherent legitimacy of the system, in fact, the basic pension insurance law shaping problem; the difficulty lies in the determination of its rule of law barriers far from its own legal What can be explained is that there are many problems related to the balance of interests and technical support.