Interpretation of the latest social security law

Legal analysis: According to the Social Insurance Law of People's Republic of China (PRC), the state establishes social insurance systems such as basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance and maternity insurance;

1. Basic endowment insurance includes basic endowment insurance for employees, new rural social endowment insurance and social endowment insurance for urban residents. This law summarizes the experience of China's reform of the old-age insurance system for more than 20 years, comprehensively regulates the coverage, basic mode, source of funds, composition of treatment, enjoyment conditions and adjustment mechanism of the basic old-age insurance system for employees, and stipulates the disability allowance and survivors' pension system. According to the great practical progress made in the pilot project of new rural social endowment insurance, this law stipulates the main system of new rural social endowment insurance. In addition, the law also stipulates that the state shall establish and improve the social endowment insurance system for urban residents, and at the same time authorize the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to combine the social endowment insurance for urban residents with the new rural social endowment insurance according to actual conditions, thus laying a legal foundation for gradually establishing a social endowment insurance system covering urban and rural areas.

2. Basic medical insurance includes basic medical insurance for employees, new rural cooperative medical care and basic medical insurance for urban residents. The law comprehensively stipulates the coverage, sources of funds, treatment items and enjoyment conditions of the basic medical insurance system for employees and urban residents, and the settlement method of medical insurance expenses, stipulates the principles of the new rural cooperative medical system, and authorizes the State Council to stipulate management measures;

After more than ten years of practice, the industrial injury insurance, unemployment insurance and maternity insurance systems have matured. On the basis of summing up practical experience, the law also makes special provisions on industrial injury insurance, unemployment insurance and maternity insurance, and makes specific provisions on their coverage, sources of funds, treatment items and enjoyment conditions.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 1 This Law is formulated in accordance with the Constitution for the purpose of adjusting the social insurance relationship, safeguarding citizens' legitimate rights and interests in participating in social insurance and enjoying social insurance benefits, enabling citizens to enjoy the fruits of development and promoting social harmony and stability.

Article 2 The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law in case of old age, illness, industrial injury, unemployment and maternity.

Article 3 The social insurance system adheres to the principles of wide coverage, basic protection, multi-level and sustainability, and the level of social insurance should be compatible with the level of economic and social development.

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Fifth people's governments at or above the county level shall incorporate social insurance into the national economic and social development plan.

The state raises social insurance funds through multiple channels. People's governments at or above the county level shall give necessary financial support to social insurance.

The state supports social insurance through preferential tax policies.

Article 6 The State exercises strict supervision over social insurance funds.

The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish and improve the supervision and management system of social insurance funds to ensure the safe and effective operation of social insurance funds.

People's governments at or above the county level shall take measures to encourage and support all sectors of society to participate in the supervision of social insurance funds.

Article 7 The administrative department of social insurance in the State Council is responsible for the management of social insurance throughout the country, and other relevant departments in the State Council are responsible for the relevant social insurance work within their respective functions and duties.

The social insurance administrative department of the local people's government at or above the county level shall be responsible for the social insurance management within its administrative area, and other relevant departments of the local people's government at or above the county level shall be responsible for the relevant social insurance work within their respective functions and duties.

Eighth social insurance agencies to provide social insurance services, responsible for social insurance registration, personal rights and interests records, social insurance benefits payment and other work.

Article 9 Trade unions shall safeguard the legitimate rights and interests of employees according to law, and have the right to participate in the research on major social insurance issues, participate in the social insurance supervision committee, and supervise matters related to employees' social insurance rights and interests.