服刑人员养老保险权利保障现状调查和问题研究
发布时间：2019-05-17 18:39
【摘要】：养老保险制度作为社会保险制度中最重要的组成部分,是国家为保障劳动者步入老年时的生活而建立的制度,能确保劳动者老有所养,保证劳动者在因年老被依法解除劳动义务之后能够获得一定的生活保障,从而使劳动者在就业期间能安心工作,没有养老的后顾之忧,激发起劳动者的工作积极性,并促使劳动生产率得到提高。由于年老的普遍性以及中国社会老龄化日趋严重,它对保障人们的生活举足轻重。 但是我国养老保险制度依然存在一些诸如社会弱势群体养老保障方式缺失等亟待解决的问题,在国家基本养老保险覆盖范围进一步扩大的今天,养老保险权利作为与公民生存权利息息相关的一项重要社会保障和全民性福利措施,每个社会成员都应该平等享有,但是作为社会成员中的特殊弱势群体——服刑人员,目前还被排斥于养老保险范围之外。他们在服刑期间养老保险权利得不到保障,相关养老保险法律严重缺失,笔者作为一名在监狱系统工作的基层干警,拟从监狱实践角度,通过对我监狱服刑人员养老保险权利现状进行问卷调查,分析其现状和存在的若干问题,并就服刑人员享有养老保险的可能性进行初步理论上的探讨,从服刑人员权利内容和范围入手,对服刑人员应享有的权利界限进行区分,强调要辩证分析,不枉不过,并进而确认养老保险权利是服刑人员的基本权利,不属于受限制范围,阐述了服刑人员享有养老保险权利的重要意义,并就服刑人员养老保险权利的保障从完善立法、建立公务员养老保险制度等角度提出自己初步的几点建议。
[Abstract]:As the most important part of the social insurance system, the old-age insurance system is a system established by the state to ensure the livelihood of workers when they enter old age, which can ensure that workers have a sense of security for the elderly. To ensure that workers can obtain certain living security after being lifted their labor obligations in accordance with the law because of old age, so that workers can work at ease during the period of employment, and there is no worry about providing for the aged, thus arousing the enthusiasm of workers. And promote labor productivity to be improved. Due to the universality of old age and the increasing aging of Chinese society, it plays an important role in ensuring people's lives. However, there are still some problems to be solved in the old-age insurance system of our country, such as the lack of old-age security for the vulnerable groups in society. Today, with the further expansion of the coverage of the national basic old-age insurance, As an important social security and universal welfare measure closely related to the right of citizens to survive, the right of old-age insurance should be enjoyed equally by every member of society, but as a special vulnerable group among the members of society-prisoners. At present, it is also excluded from the scope of pension insurance. Their pension insurance rights are not guaranteed during their sentences, and the relevant old-age insurance laws are seriously lacking. As a grass-roots police officer working in the prison system, the author intends to act from the perspective of prison practice. Through the questionnaire investigation on the present situation of the pension insurance rights of the prisoners in our prison, this paper analyzes its present situation and some existing problems, and makes a preliminary theoretical discussion on the possibility of the prisoners enjoying the old-age insurance. Starting from the content and scope of the rights of the prisoners, this paper distinguishes the limits of the rights that the prisoners should enjoy, and emphasizes that it is not worth the dialectical analysis, and confirms that the rights of the old-age insurance are the basic rights of the prisoners and do not belong to the restricted scope. This paper expounds the important significance of the pension insurance rights of the prisoners, and puts forward some preliminary suggestions on the protection of the pension insurance rights of the prisoners from the angles of perfecting the legislation and establishing the old-age insurance system of the civil servants.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7
本文编号：2479320
[Abstract]:As the most important part of the social insurance system, the old-age insurance system is a system established by the state to ensure the livelihood of workers when they enter old age, which can ensure that workers have a sense of security for the elderly. To ensure that workers can obtain certain living security after being lifted their labor obligations in accordance with the law because of old age, so that workers can work at ease during the period of employment, and there is no worry about providing for the aged, thus arousing the enthusiasm of workers. And promote labor productivity to be improved. Due to the universality of old age and the increasing aging of Chinese society, it plays an important role in ensuring people's lives. However, there are still some problems to be solved in the old-age insurance system of our country, such as the lack of old-age security for the vulnerable groups in society. Today, with the further expansion of the coverage of the national basic old-age insurance, As an important social security and universal welfare measure closely related to the right of citizens to survive, the right of old-age insurance should be enjoyed equally by every member of society, but as a special vulnerable group among the members of society-prisoners. At present, it is also excluded from the scope of pension insurance. Their pension insurance rights are not guaranteed during their sentences, and the relevant old-age insurance laws are seriously lacking. As a grass-roots police officer working in the prison system, the author intends to act from the perspective of prison practice. Through the questionnaire investigation on the present situation of the pension insurance rights of the prisoners in our prison, this paper analyzes its present situation and some existing problems, and makes a preliminary theoretical discussion on the possibility of the prisoners enjoying the old-age insurance. Starting from the content and scope of the rights of the prisoners, this paper distinguishes the limits of the rights that the prisoners should enjoy, and emphasizes that it is not worth the dialectical analysis, and confirms that the rights of the old-age insurance are the basic rights of the prisoners and do not belong to the restricted scope. This paper expounds the important significance of the pension insurance rights of the prisoners, and puts forward some preliminary suggestions on the protection of the pension insurance rights of the prisoners from the angles of perfecting the legislation and establishing the old-age insurance system of the civil servants.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7
【参考文献】
相关期刊论文 前1条
1 李常青,冯小琴;少数人权利及其保护的平等性[J];现代法学;2001年05期
，本文编号：2479320
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