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上世纪八十年代以来,适应市场经济体制改革的需要,我国制定了一系列社会保障行政法规和部 门规章,初步建立起了责任分担、社会化、多层次的新型的社会保障体系。但社会保障法律制度 缺乏整体统一性,讲求效率公平不足,立法层次低,权威性、稳定性不够,责任划分欠合理。健全 社会保障法律制度是事关全局的大事,应确立社会保障是公民生存权的理念,以公平为首要原 则,强调国家的主导作用与责任,合理规划,分步实施,加紧制定统一的《社会保险法》,并注重相 关法律部门的协调配合。
Since the 1980s, to meet the needs of the reform of the market economy system, China has formulated a series of administrative regulations and departmental rules on social security and initially established a new type of social security system featuring responsibility sharing, socialization and multi-level. However, the legal system of social security lacks overall unity, emphasizing lack of efficiency and fairness, low level of legislation, lack of authority and stability and irrational division of responsibilities. To improve the legal system of social security is a matter of major concern to the overall situation and social security should be established as the concept of the right to life of citizens. Taking the principle of fairness as the primary principle, the state’s leading role and responsibility should be emphasized, the planning and step-by-step implementation should be rationally planned and the unified “society Insurance Law ”, and pay attention to the coordination of relevant legal departments.