英国第五次人权网络研讨会 The fifth network forum on human rights in UK The Reform and Development of Social Security System in China Zou Hailin Article 9 of the International Covenant on Economic, Social and Cultural Rights provides: ‘The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.’ 1The fourth paragraph of article 14 of the Constitution of the People’s Republic of China provides: ‘the state develops adequate social security system suitable for its economic development.’ The Article 45 of the Constitution of the People’s Republic of China provides: ‘Citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill or disabled. The state develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right. The state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel.The state and society help make arrangeme nts for the work, livelihood and education of the blind, deaf-mutes and other handicapped citizens. ’ The enjoyment of the right to social security is the inherent right of each citizen, the state shall create basic conditions necessary for access to the social security and are obliged to assure them to have access to the social security permitted by economic and social resources in acountry. 1. Basic Framework of China's Social Security System In China, the social security system consists of social insurance, social relief, social welfare, society special care, basic living guarantee of enterprises' laid-off workers and reemployment system, etc.. 2 Social insurance is the core 1 Article 22 of " Declaration of Human Rights of the world " stipulates : "Everybody, a member as society, have the right to enjoy the social security, and have the right to enjoy his personal dignity and freedom development essential economy , realization of the society and all sorts of rights of culture of personality , these kind realize and accord with organizations and resource situations of various countries with international cooperation hard through the country. " 2 The society relieves, social welfare, society is it is it involve special rights and interests of social groups of difficulty mainly with laid-off workers of state-owned enterprises basic living guarantee and system of reemploying etc. to find a room for to give special care to, China has made corresponding efforts too in this respect. But these contents and social insurance systems are different to some extent, this text does not discuss especially . This text will discuss the reform and development of the social insurance system 1 英国第五次人权网络研讨会 The fifth network forum on human rights in UK of China's social security system, including the endowment insurance, unemployment insurance, medical insurance, birth insurance and job-related injury insurance. The basic life guarantee of laid- off workers of state-owned enterprises and reemployment system provides safeguards to resolve historical problems. Generally speaking, China's social security system has already had a history of more than 50 years, and its development may be divided into following three stages. (1) Embryonic form of the social security system The social security system of China was established at the beginning of the 1950’s. The Government Administration Council of former People's Central Government issued the Labor Insurance Regulations of the People's Republic of China in February of 1951, beginning to set up the social security system for the workers of urban enterprise with characteristic of " low salary, more employment, high subsidies, high welfare". After this, the endowment insurance, medical insurance and treatment of the wounded or disabled are stipulated by the country, and the cost for labor insurance is beard by enterprises and government finance. During this period, China has set up the public relief system for the poor population in urban and rural areas. For example, the system of ‘the household enjoying the 5 guarantees’, which means to offer five kinds of life and material care (food, clothes, house, medicine, funeral) for the senior citizens who have no definite obligator of supporting, no labor ability and no source of income. 2. Reform of China's social security system Since the 1980’s, China has begun to reform the social security system reform which has lasted for more than 30 years. By the middle period of 1990s, the reform of the social security system came to an end. At this stage, the reform of China's social security system was still comparatively comprehensive. Article 70 of Labor Law of the People's Republic of China stipulates that ‘ The country will develop the social insurance, set up the system of social insurance, set up social insurance fund, make the laborers accessible to help and compensation in case of old, ill, job related injures, unemployment or giving birth, etc.." Article 71 stipulates that ‘The social insurance level should be in conformity with social economy development level and ability to society bearing.’ Reform of the social insurances such as endowment insurance, unemployment insurance, and medical insurance have been started in most areas (provinces, of China mainly. 2 英国第五次人权网络研讨会 The fifth network forum on human rights in UK autonomous regions and municipalities directly under the Central Government) of China. The reform of endowment insurance system has made great progress, and the reform of medical insurance system has been started in an all-round way. The urban social security system has been improved, and the integration of social insurance has been realized basically. In 1993, China began to launch the reform on urban social relief system in a large scale and tried to establish the minimum living security system. In the rural areas, the system of ‘five guarantees ‘ was pursued further. The State Council issued ’Regulations on the Five Guarantees in Rural Areas’ in January of 1994, providing that the civil affairs department of people's government at county level shall offer five kinds of life and material care (food, clothes, house, medicine, funeral) for the senior citizens, disabled people and minors, people who have no definite obligator of supporting, no labor ability and no source of income. In this period, the basic objective of China's social security system reform is to set up the social security system that is independent of enterprises and administration departments and is regulated, with multi-channel funds and socialized administration services. Its main characteristic is: basic assuring, extensive covering, multi-level and gradual integration. That means: in conformity with economic development level, the compulsory setting up of the basic guarantee aims to meet people's basic life's needs; the social security scheme will gradually covers all citizens; in addition to the basic insurances, the country promotes the development of others forms of insurances, strives to form the multi-level social security system; Through the reform and development, implement the nationwide integrated social security system progressively. 3. The Basic Formation of the Social Security System (1) Since the middle period of 1990s, the social security system of China has made great progress after the reform, and the social security system has taken shape basically. At present, the basic policy of social insurance system has already been made, and the State Council has issued administrative regulations or rules related to basic endowment insurance, unemployment insurance, basic medical insurance, job-related injury insurance, birth insurance, etc. in succession, and the social insurance has already covered most urban workers and retired personnel, and migration workers in some regions are also covered by the social insurance scheme. In 2001, Chinese Government began to launch the comprehensive pilot project of perfecting the urban social security system in 3 英国第五次人权网络研讨会 The fifth network forum on human rights in UK Liaoning Province. By 1999, all cities and counties that have organic towns in China have set up the minimum living security system, and the State Council issued Regulations of Minimum Living Guarantee for Urban Population, offering the most basic living guarantee to all residents in the city. The minimum living guarantee fund of the urbanite is included in the financial budget by the local people's government. Local government determines the minimum living guarantee standard according to local urbanite’s basic life essential expenses. Families with per capita income lower than standard minimum living guarantee can apply for the subsidies. The minimum living security system has been set up in some rural areas correspondingly too. In 2001, the number of people enjoying the urban minimum living guarantee and relieving in the whole country was up to 11,707,000. The number of people of enjoying urban minimum living guarantee was 20,530,000 in 2002, and the number of people of enjoying rural minimum living guarantee was 4,040,000. The number is 22,350,000 and 3,950,000 respectively in 2003. Meanwhile, in order to strengthen the unified planning of social security system and management, supervision of the social security fund, China has carried out a series of reforms on the management system of the social security. The social insurance formerly managed by several administrative departments separately is now managed by labor and social security administrative departments, and the labor and social security administrative departments at all levels have also established corresponding social insurance handling mechanism to undertake the managements of the concrete affairs of social insurance. The social insurance affairs undertaken by enterprises in the past have been transferred to the social organization progressively, namely social insurance treatment implements socialized granty, and social insurance targets are managed in the community. China has also strengthened the administrative management and supervision on the use of the social insurance fund. The social insurance fund is listed in the special account of the government finance, managed according to the principle of "separation management for revenue and expenditure ", and fund is allocated for its specified purpose. The labor and administrative departments of social security at all levels have set up social insurance fund supervision organization specially, responsible for the inspect, supervision of raising, management and payment of the social insurance fund, and investigating and punishing the unlawful practices. (2) Endowment Insurance of China 4 英国第五次人权网络研讨会 The fifth network forum on human rights in UK China implemented the single basic endowment insurance system to the enterprise workers before 1990s. The basic pension is also called retire pay or retire pension, and it is a kind of main endowment insurance treatment. After the workers are old or lose labor ability, according to their contribution to society and qualification and retire requirements for enjoying endowment insurance, the country pay insurance treatment to retired employees by monetary form monthly and in lump-sum, mainly used for ensuring worker's basic living needs after retiring. In 1984, the endowment insurance system reform was carried out all over China. In 1986, China began to pursue the pension social pool of the workers of state-owned enterprises. In 1991, the State Council issued ‘Decision on System Reform for Enterprise's Workers Basic Endowment Insurance ‘, requiring ‘ to set up the system combing basic endowment insurance, enterprise's supplementary endowment insurance and worker's individual endowment insurance progressively with the development of economy ‘, and stipulating that the endowment insurance implements the social pool policy and the expenses are bared by the government, enterprises and workers jointly. From then on, China has set up the multi-level endowment insurance system progressively. In1993, the Third Plenary Session of the 14th Party Central Committee of Communist Party of China recommended the scheme that " the combination of social pool and personal account for the endowment insurance for selection by local authorities. In 1997, the State Council Decision on Establishing Integrated Enterprise Workers' Basic Endowment Insurance System states clearly that the people's governments at all levels should include social insurance development within the national economy and social development plan in the local area, carry out the principle that the basic endowment insurance can only ensure retired personnel's basic life. In order to improve the life of the retired personnel with economy and social development constantly, reflect the principle of distribution according to labor and differences of regional development level and enterprises’ economic benefits, every area and relevant departments should develop supplementary the endowment insurance of enterprises under the guidance of state policies, give play to the supplementary function of the commercial insurance at the same time. This decision has advanced the process of China’s establishment for the nationwide unified basic endowment insurance system for urban enterprises' workers. The Chinese endowment insurance is made up of three parts. The first part is the basic endowment insurance, the second part is enterprises’ supplementary endowment insurance, and the third part is the individual savings endowment insurance. The basic endowment insurance is also called the national basic 5 英国第五次人权网络研讨会 The fifth network forum on human rights in UK endowment insurance, and it is a kind of basic endowment insurance system to guarantee basic living needs of workers after retiring and is implemented by force by the government. The basic endowment insurance system of China adopts the mode of combing social pool and personal account. The basic endowment insurance covers the workers of all kinds of enterprises in the cities and towns, and all enterprises and workers in the cities and towns must perform duty of paying basic endowment insurance premium. Article 72 of Labor Law of the People's Republic of China stipulates that ‘the source of social insurance fund shall be identified according to the type of the insurance, and social pool shall be implemented progressively. Employing unit and laborer must participate in social insurance and pay the social insurance premium in accordance with the law.’ At present, the proportion of fee paid by enterprises is about 20% of the payrolls, the proportion by individual is 8% 3of one's own salary. One part of endowment insurance premium paid by enterprise is for setting up pool funds, another part is put under the personal account; The basic endowment insurance premium paid by individual is charged to the personal account. The pension in personal account can be inherited. To the workers who are working before the new system is implemented or who are retired after the implementation of the new system, additional transitional pension shall be paid. Under the system, the collection of basic endowment insurance premium still adopts the traditional method, which means the basic endowment insurance premium is paid by the country, enterprises and individuals jointly, and the basic endowment insurance fund implements the principle of mutual help in the society. But the idea of the structural granty is adopted in regard to the granty of basic pension, with emphasis on encouraging factors to personal account pension and difference of contributions. The workers who participated in basic endowment insurance in China was 86,710,000 at the end of 1997. In 1998, 84,758,000 workers in enterprises have participated in the basic pension insurance policy in the whole country, 3 Regulation that ‘ the State Council is about establishing the decision of the unified enterprise worker's basic old-age pension system’, enterprises pay the proportion of the basic endowment insurance premium, can't generally exceed 20% of enterprise's payrolls (include putting under the part of the personal account), the concrete proportion is confirmed by the people's government of province, autonomous region and municipality directly under the Central Government. Because there is more retired number of people, the endowment insurance burden is overweight in a few province, autonomous region and municipality directly under the Central Government, really need to exceed payrolls 20% of enterprises, should report to Ministry of Labour , the Ministry of Finance for approval . Individual paid the proportion of the basic endowment insurance premium, can't be less than paying the fees by oneself in 1997 4% of the salary, improve 1 percentage point every two years from the 1998 , reach I pay the fees 8% of salary finally. 6 英国第五次人权网络研讨会 The fifth network forum on human rights in UK accounting for 80.5% of total; Retired personnel of 27,273,000 have participated in the social pool of the endowment insurance, accounting for 98.5% of retired number of people of enterprises. The national basic endowment insurance fund gains 145,900 million Yuan, and the expenditure is 151,160 million Yuan; 3 billion yuan is paid additionally for the formerly unpaid pensions altogether and all the unpaid pensions in Beijing , Shanghai , Fujian , Guangxi , Zhejiang , Ningxia , Jiangxi have been cleared. At the end of 2000, 104,480,000 workers and 31,700,000 retired personnels in the whole country participated in the basic pension insurance policy. At the end of 2001, 108,020,000 workers and 33,810,000 retired personnels participated in the basic endowment insurance in the whole country. Most retired personnel receive basic pension in full amount on time, and an additional 1,400 million yuan of pension over the years has been paid at the same time. The total income of national basic endowment insurance fund for the whole year is 248,900 million yuan (including the collection income, central and local governments’ financial subsidies) and the total expenditure is 232,100 million yuan. Till the end of 2002, 111,280,000 workers and 36,080,000 retired people have participated in the basic endowment insurance, and 90,900,000 workers and 33,330,000 retired people are from enterprises. Till the end of 2003, the number of workers who have participated in basic endowment insurance is 154,900,000. In China, the guarantee level of the basic endowment insurance improves progressively. The average monthly pension of the retired personnel of enterprises was 129 yuan in 1990, 430 yuan in 1997, 556 yuan in 2001 and 579 yuan in 2003. In order to reduce burden of the enterprise's involvement into social affairs and to guarante by system that the basic pension is granted in full amount on time, and socialized management and services of social security are launched actively in the local areas. In 1996, the socialized granting rate of basic pension to retired personnel of enterprises was 12%; in 2001, the rate was 98%; till the end of June of 2002, the rate was enhanced to 99.4%; till the end of 2003, the rate was 99.5% nationwide, and the rate in 21 provincial cities reaches 100%. In addition, the original endowment insurance system is still adopted for the workers and retired personnel of institutions, state organs. In 1991, some rural areas in China began to carry out the pilot project of basic endowment insurance system. With the basic principal of " individual pay as main source, collective subsidy as supplementary, and with government finance supporting”, the rural endowment insurance system adopts the mode of fund accumulation of personal account. The rural social endowment insurance is a system to ensure the basic life of old people of the whole 7 英国第五次人权网络研讨会 The fifth network forum on human rights in UK country, and is an important social policy of the government. The rural social basic endowment insurance system should be carried out with consideration of reality of the countryside of China, with the aim of guarantee the basic life of old people. Social endowment insurance of peasant is a basic endowment insurance policy established in the countryside by the government, and its standard is low and covering range is wide. With village as a unit, the rural endowment insurance of the people (including workers of township enterprises, private enterprises, self-employed individuals, and the local people who work elsewhere) is organized. For the worker of township enterprises, teachers working at a school run by the local people, cadre of villages and towns, workers, their endowment insurance is organized with townships or enterprises as the unit. A few villages and towns can practice the endowment insurance of the workers of township enterprises first because of economy or the region. The endowment insurance of alien labor service personnel shall be done in its household register site (domicile ) in principle. For example, in 1998, the whole country has 2123 counties (city) and 65% township (town) that have launched the rural social endowment insurance work already, and there are 80,250,000 people in the countryside who have participated in social endowment insurance. The rural social endowment insurance fund gains 3,140 million yuan in the whole year, and the expenditure is 540 million yuan, and balance of that period is 2,600 million yuan, and accumulated balance is 16,620 million yuan at the end of that period. The endowment insurance in rural areas is managed by government's civil affairs departments. But till February of 2002, the whole country have 24 province, autonomous region and municipality directly under the Central Government that have shifted rural executive function of social insurance to social security department from Ministry of Civil Affairs already, among them, 13 municipalities (Tianjin , Hebei , Shanxi , Heilongjiang , Shandong , Shanghai , Zhejiang , Chongqing , Hunan , Anhui , Jiangsu , Yunnan) have set up the rural social insurance department. 11 municipalities (The Inner Mongol , Jilin , Liaoning , Guangxi , Guangdong , Hainan , Sichuan , Fujian , Guizhou , Gansu , Tibet. Shaanxi , Qinghai , Xinjiang , Ningxia) have not set up the rural social insurance department but have combined the administrative function of rural social insurance with endowment insurance department. Only Henan, Jiangxi and Hubei have reserved the rural insurance affairs within the civil affairs department. Many problems still existed in China's current basic endowment insurance system, which are mainly as follows: 1. Differences of the endowment insurance in urban and rural area 8 英国第五次人权网络研讨会 The fifth network forum on human rights in UK The urban area and rural area are different from each other with regarding to the management mode, geographical position, economic development levels and employment situation, which causes the government to implement different social basic endowment insurance system, so that the enormous difference between urban and rural areas is developed. 2. Difference of the Endowment Insurance among Different Industries The endowment insurance of the urban workers is also different because of the different industries, which was reflected by the fact that the urban workers' basic endowment insurance system fails to include in the workers of the government offices and public institutions all the time, and the workers of government offices and public institutions do not receive the guarantee of the basic endowment insurance, which makes urban worker have a difference on the treatment of the endowment insurance because of difference of a job. 3. The personal account of the endowment insurance is in name only The endowment insurance of China implements the mode that the social pool combines with personal account, but the management of the pool fund and personal account fund is in a mass for a long time, causing the personal account of endowment insurance running empty, and the deficit reached 199 billion yuan, and people are afraid that there is a potential danger of abolition of the new system. 4. The guarantee level of the endowment insurance is low The purpose of the endowment insurance lies in offering the basic living guarantee for the retired workers, but the guarantee level of the endowment insurance of China is relatively low comparing with the minimum guarantee of living and the civil living standard that is improving day by day. By the end of 2003, the average monthly pension of the basic endowment insurance is only 579 yuan, and the standard is low. In addition, the multi-level endowment insurance mechanism has not been set up, and most enterprises haven’t set up the supplementary endowment insurance (such as annual pension) for its workers. Unemployment Insurance of China In the initial stage of founding of the People's Republic of China, it has implemented transitional unemployment relief system. After this, under planned economic system, because of the implementation of the employment system that centralizes allocation of labor, unemployment relief system does 9 英国第五次人权网络研讨会 The fifth network forum on human rights in UK not exist. After implementing the policies of reform and opening to the outside world, in order to adapt to the conversion of the operating mechanism of state-owned enterprises and the great reform of the labor system, since 1986, Chinese Government has been set up unemployment insurance system progressively, providing safeguard for the basic life of workers after their unemployment. In 1986, the State Council issued ‘ Temporary Provisions on worker's Unemployment Insurance of State-Run Enterprises’, stipulating clearly to adopte worker's unemployment insurance system to the workers of state-run enterprises. One of the main purposes for China to set up the unemployment insurance system lies in cooperating with the reforms of the SOE and labor and employment system, in order to ensure the basic life of part of workers laid off by SOEs. In April of 1993, on the basis of summarizing reform experience of worker's unemployment insurance of state-owned enterprises, the State Council issued ‘Worker's Unemployment Insurance Regulation of State-Owned Enterprises ’, indicating that China's unemployment insurance system have entered normal running period. This regulation has expanded the insurance unemployment coverage of the appropriately, and adjusted the unemployment insurance treatment standard and increased the relief. But the unemployment insurance system targeting on SOE can not fully meet the needs of establishing socialist market economy system, and employees of non state- owned economy and most workers of public institutions have not been included in the unemployment insurance yet, causing this part of people not protected from risk. In addition, the ability to bear of the unemployment insurance fund is relatively weak, and the unemployment insurance premium collected is limited because the coverage range is narrow, and the unemployment insurance fund is controlled by the cities and counties and the adjustment fund system has not been set up generally, and the mutual helping function of unemployment insurance can not be fully played. The unemployment insurance system of China needs to be reformed. The adoption of ‘Unemployment Insurance Regulations ‘ has solved these problems basically. In January of 1999, the State Council issued ‘Unemployment Insurance Regulations’, according to which every province, autonomous region and municipality directly under the Central Government makes local regulations, rules and regulatory files correspondingly. Heilongjiang Province has made and issued " the unemployment insurance regulations of Heilongjiang Province ", the municipal governments of Beijing, Shanghai, Chongqing have issued the regulations of the unemployment insurance, and Sichuan, Shandong, Anhui, Yunnan, Xinjiang and the Inner Mongol autonomy district governments have issued the notice to carry out " the unemployment insurance regulations ", and Henan Government office has issued relevant notice, and labor insurance 10 英国第五次人权网络研讨会 The fifth network forum on human rights in UK departments of Tianjin, Hebei, Liaoning, Jilin, Anhui, Jiangxi, Hubei, Hunan, Guangxi, Guizhou, Shaanxi , Gansu, Qinghai have finished the drafting work of local laws and regulations. At present, the unemployment insurance coverage has already been expanded to all enterprises, public institutions and workers in the cities and towns from the state-owned enterprises, and the function of unemployment insurance is strengthened day by day. In the area where the basic life guarantee of laid-off workers merges with unemployment insurance, the unemployment insurance has already become the main way of the laid-off unemployed people's basic living guarantee. All enterprises, public institutions and workers must pay the unemployment insurance premium. The proportion of the enterprises pay is 2% of the payrolls, and the proportion of individual pay is 1% of one's own salary. It needs three conditions to enjoy the unemployment insurance treatment: one has been paying the unemployment insurance premium for one year; one is unemployed not of one’s own will; one has registered of unemployment and has the request of hunting for a job. The unemployment insurance treatment is mainly the unemployment insurance premium. The unemployment insurance premium is granted monthly, and its standard is lower than the minimum wage standard, and higher than urbanite's minimum living guarantee standard. The time limit for getting insurance premium is determined by the years of paying the premium and the longest time is 24 months. The unemployed people can get medical subsidy if they are ill while in the period of getting unemployment insurance premium; if the unemployed people die in the period of getting the unemployment insurance premium, their relatives can get funeral subsidy and compensation fund for relatives. In addition, they can also accept job training and enjoy the job introduction replenish during the period of getting the unemployment insurance premium. 4 In 1998, the number of people participating in the unemployment insurance in the whole country was 79, 279,000, and the insurance fund gross income of unemployment is 6,840 million yuan, of which 1,460 million yuan is given to the re-employment service center of state-owned enterprises. The unemployment insurance handling organization at all levels have offered unemployment compensation to 1,581,000 unemployed people who have participated in unemployment insurance, and have offered the disposable relief to needies of 1,486,000 enterprises. At the end of 1999, the number of people participating 4 However, contract system workers of peasants that the unit employs and uses do not enjoy the above treatment . Article 21 of " insurance regulations of the unemployment " stipulates : "Unit peasant contract system individual spent to employ work all over year in succession, our unit combined and already paid the insurance premium of the unemployment, the labour contract expires and has not renewed or cancelled the labour contract ahead of time, handled the organization according to the size of its working time by social insurance, pay lump-sum subsistence allowance to it. The method and standard subsidized are stipulated by the people's government of province, autonomous region and municipality directly under the Central Government. " 11 英国第五次人权网络研讨会 The fifth network forum on human rights in UK in the unemployment insurance in the whole country is 98,520,000, increasing by 24.3% compared with that of last year. The insurance fund of the unemployment gains 12,520 million yuan in the whole year. Till the end of 2000, the number of people that have participated in unemployment insurance in the whole country is 104,080,000, and 5,560,000 people were getting unemployment insurance premium at the end of the year, unemployment insurance fund gain 16 billion , have 3,300,000 unemployed people in all enjoy different unemployment insurance treatment of time limit the whole year the whole year. At the end of 2001, the number of people who have participated in the unemployment insurance is 103,550,000, and the number of people of getting unemployment insurance premium was 3,120,000 at the end of 2001. Till the end of 2002, the number of people who have participated in the unemployment insurance was 101,820,000, reducing by 1,730,000 people than the last year, and the number of people of getting unemployment insurance premium is 4,400,000. At the end of 2003, the number of people who have participated in the unemployment insurance was 103,730,000, and the national unemployment fund income is 25 billion yuan, and the number of people of getting the unemployment insurance premium is 4,150,000, reducing by 250,000 than the last year. However, the relief of the laid-off workers of state-owned enterprises of China has not been generally included in the unemployment insurance system. Since 1998, China has taken the measure of " two guarantees " against the problems caused by the laid-off of workers of SOE. The first guarantee is to guarantee the basic life to laid-off workers of SOE, and generally set up laid-off worker's re-employment service centers in state-owned enterprises, to grant the basic living cost to the laid-off workers by the re-employment service center, and pay the social insurance premium for them. And the necessary fund is raised by government finance, enterprises and society (unemployment insurance fund mainly). Meanwhile, the laid-off workers are organized to participate in vocational guidance and reemployment training, and to lead and help they to realize reemployment. The second guarantee is to guarantee the basic life of the retired personnel and the granty of basic pension in full amount on time. In order to ensure the execution of “two guarantees”, the Chinese government pursues the policy of “three security systems”, which means: the laid-off workers of SOE can get basic living cost in the reemployment service center for the longest time of 3 years; they can continue to get the unemployment premium for the longest time of 2 years if they are still unemployed after the 3 years; they can apply for getting the minimum subsistence allowance of urbanites if the period of getting unemployment premium expires. In order to ensure the basic life of the laid-off workers of state-owned enterprises, every local people's government shall, according to " three thirds " principle sharing 12 英国第五次人权网络研讨会 The fifth network forum on human rights in UK the burden equally by financial budget arrangement, enterprises and social collection (which are obtained mainly from unemployment premium), use part of unemployment premium for the reemployment guidance center of state-owned enterprises, and ensure the basic life of the laid-off workers and pay the social insurance premium for them. Moreover, the state finance has also provided the “two guarantees” with financial support. For example, in 2001, state revenue has provided the “two guarantees” in the old industrial bases and central and west regions with special subsidy of more than 130 billion yuan. The problems of current unemployment insurance system existing are mainly the following: 1).Burden left over from history The basic living guarantee of the laid-off workers of state-owned enterprises does not belong to the guarantee range of the unemployment insurance, but belongs to problems left over from history. How will the basic life of the laid-off workers who have not participated in the unemployment insurance be guaranteed has become a problem that Chinese social system can not avoid. The unemployment insurance system should and can solve this problem. 2).The function of the unemployment insurance system is limited The function of unemployment insurance of China given play in promoting the employment and job training is very limited, and the phenomenon of its function deficiency by is serious. How to give play to the unemployment insurance to promote employment and strengthen job training is the problem that the unemployment insurance system faces. 3).The collection of the unemployment insurance fund is difficult. A lot of organizations that should participate in the unemployment insurance have not participated in the unemployment insurance according to the regulations, and the organization participating in the unemployment insurance has a phenomenon in arrears with the unemployment insurance premium, causing the collection of the unemployment insurance fund being difficult. The social security organization should devote more efforts to imposing unemployment insurance premium in accordance with unemployment insurance regulations, and impel non-public enterprises to join unemployment insurance especially. As to all the mechanisms that shall participate in the unemployment insurance, measures shall be taken to enforce them to 13 英国第五次人权网络研讨会 The fifth network forum on human rights in UK participate in the unemployment insurance, and the social public policy measures of carrying out the unemployment insurance shall be strengthened. 4). The granting of unemployment insurance premium is difficult Because of the application procedure to get unemployment pension and unemployment pension amount granted, the phenomenon that the unemployment insurance pension can't be granted in full amount in time exists. Social security organization should grant to all eligible unemployed people unemployment insurance premium in full amount in time in accordance with insurance regulations of the unemployment insurance terms. To the areas with relatively big financial pressure, the granting of unemployment premium shall be done well to prevent being in arrears with the unemployment insurance premium by using provincial level adjustment and local financial subsidy. 4. The medical insurance and birth insurance of China Since the beginning of the fifties of the 20th century, China has set up the socialized medicine and labor-protection medical care system, which are called the urban worker's medical insurance. The socialized medicine and labor-protection medical care system has long been playing a positive role in ensuring the health of workers and maintaining the social stability. However, with the constant promotion of the reform of the socialist market economy system, socialized medicine and labor-protection medical care system can not solve the worker's basic medical guarantee problem under the market economy condition. In 1988, China began to carry on the reform to medical treatment system at public expense and labor protection medical treatment system of the state-owned enterprise of the government departments and institutions. On the initial stage of reforming, the individual sharing mechanism was introduced, and medical care at public expense and labor protection medical care cost is linked with individuals, and each party pays certain amount of money. Then the social pool mechanism was introduced and social pool of hospitalization cost of the retired personnel and worker’s serious disease was implemented in some cities. In 1994, China carried out the pilot project of medical insurance reform in the form of “combining statistics and accounting" in Zhenjiang and Jiujiang. The State Council issued " Decision on setting up urban worker's basic medical insurance system of the State Council " in December of 1998, requiring to promote the reform of worker's medical insurance system in an all-round way nationwide, and propose setting up national worker's basic medical insurance system basically in 1999. The main content of this decision is to set up the mechanism that employing unit and workers pay the fees 14 英国第五次人权网络研讨会 The fifth network forum on human rights in UK together, ensure the worker's basic medical treatment conscientiously, set up basic medical insurance pool fund and personal account, give play to the function of mutual help and benefit and self protection of individuals, form the internal mechanism in which hospital, patient and insurance encourage and restrict each other, and control the over fast growth of the hospitalization cost. The basic medical insurance system of China adopts the mode that the social pool combines with personal account. Basic medical benefits fund implements the prefecture-level pool in principle. The basic medical insurance covers all employing units and workers in the cities and towns; all enterprises, national administrative organs, public institutions and other units and workers must perform the duty of paying basic medical insurance premium. At present, the proportion paid by employing units is 6% of the payrolls, and the proportion paid by individuals is 2% of one's own salary. A part of the basic medical insurance premium paid by the employing units is used to set up social pool fund, and another part is put under the personal account. The basic medical insurance premium paid by individuals is charged to the personal account. The pool fund and personal account bear different hospitalization cost and pay responsibility respectively. Pool fund is mainly used to pay for the medical cost of hospitalization and some chronic diseases and is set the payment standard and maximum payment limit, and the personal account is used for paying the general clinic expenses mainly. The basic medical insurance system is still a brand-new system in China, and needs to be perfected through reform practice constantly. It is needed to meet the basic medical care security requirements of the people by providing the high-quality medical treatment service with cheaper expenses through system innovation and mechanism transform. The system includes the following measures: to set up the fund collection mechanism that employing units and individuals pay the fees together; to combine personal account with the social pool, and combine balanced expenses bearing, risk dispersing, self discipline strengthening, and fund accumulation for the future when one is old and sick together; to strengthen the medical care administration and establish the restriction mechanism of medical cost through taking the measures such as making medicines catalogue and medical service range standard, fixed management of medical organizations and drugstores. For example, in order to ensure the workers who participates in the medical insurance to enjoy basic medical care and control the over fast growth of the hospitalization cost effectively, the government has strengthened the control over medical care, and has made the medicines catalogue of basic medical insurance, standards for diagnosis items and medical equipment, and carried on qualification assertion to the medical organizations and drugstores that provide basic medical care insurance services so as to let the workers who have participated in the medical insurance make a choice. 15 英国第五次人权网络研讨会 The fifth network forum on human rights in UK Besides basic medical insurance, the local governments have also set up the mutual help system for large volume of hospitalization cost so as to pay the medical cost that is over the limit of social pool fund. The country has set up medical treatment subsidy system for the civil servants. The bad-off enterprises can set up supplementary medical funds for its employees. The country will also set up social medical rescue system progressively , and offer the basic medical guarantee for the population below the poverty line. 1998, the number of workers who have participated in the combination reform of social pool and personal account of medical insurance is 4,017,000, and the number of retired personnel who have done the same is 1,076,000; The number of people participating in the medical pool of worker's serious disease is 11,080,000; 788,000 retired personnel have participated in social pool of the hospitalization cost. In 1999, there were already 36 pool areas at local level and 23 pool areas at county level that was implementing the basic medical insurance reform scheme formally in the whole country, and the number of workers and retired personnel who have participated in the basic medical insurance system was 46,980,000 and 12,410,00 respectively; the number of people who have participated in the social pool of medical cost for serious diseases and medical cost for retired personnel is 14,710,000. In 2000, in the 349 pool areas above local level in the whole country, 320 pool areas have put forward the reform plan for medical insurance system and 284 pool areas have implemented the reform plan, with the covering range of 43,320,000 people. In 2001, in the 349 pool areas above local level in the whole country , 339 pool areas have implemented the reform of basic medical insurance system, with the registered number of people who have participated in the medical insurance of 76,300,000, among which 54,710,000 people are on the job, 18,150,000 people are retired, increasing by 34,990, 000 people than last year. In addition, the medical treatment at public expenses and other forms of medical security system covers more than 100 million urban population, which the Chinese government are enlisting into the basic medical security system. At the end of 2002, the most organizations above local level of pool areas in the whole country have implemented the basic medical insurance, and 94 million people have participated in basic medical insurance, increasing by 21,140,000 people compared with last year. At the end of 2003, 108,950,000 people have participated in basic medical insurance, increasing by 14,950,000 people compared with last year. The number of workers and retired personnel who have participated in the medical insurance is the 79,770,000 and 29,180,000 respectively, increasing by 10,510,000 people and 4,440,000 people correspondingly. The birth insurance is a social relief measure to provide the female employees who are pregnant or giving birth with life security and material help, aiming at helping them to resume labor ability and work again through providing them 16 英国第五次人权网络研讨会 The fifth network forum on human rights in UK with birth allowance, medical services and maternity leave. The birth insurance system of the enterprise workers of China was set up in 1951, and belonged to the labor-protection medical care system. The birth insurance system of government offices and public institutions was set up in 1955. Though the birth insurance system of the enterprise and that of government offices and public institutions are set up separately, their project and level of treatment is the same. In 1988, the State Council issued " Regulations on Labor Protection of Female Workers ", unifying the birth insurance treatment of the female employees of the enterprises, government offices and public institutions, and the normal maternity leave is prolonged from 56 days to 90 days, and the birth cost is paid by the employing unit in which that employee works. The current birth insurance system is suitable for the female employees of all government offices, people's organizations, enterprises, public institutions within the territory of China; and enterprises include the state-owned enterprises, collective ownship enterprises, Chinese-foreign joint ventures, Chinese-foreign co-operative enterprises, foreign enterprises, township enterprises, rural enterprises and private enterprises and urban enterprises of joint households, etc.. In 1994, the former Ministry of Labor issued " trial methods for birth insurance of enterprises' workers", requiring to change the management mode of birth insurance management by employing units into the management by the social pool progressively, and to manage the birth insurance under the care of regional social security organization. The State Council issued " development outlines of Chinese women " (1995-2000) in 1995, proposing to " realize the social pool of birth cost nationwide", and to "reform the birth insurance system for female employees, alter the management of birth cost for female workers by enterprises to the management by the social pool, and expand the practice form state owned enterprises to all enterprises progressively." The birth premium will be paid by enterprises instead of individuals. The payment for birth insurance mainly includes the medical cost caused by birth and the monthly birth allowance during the maternity leave. 14 provinces in China (autonomous regions, municipalities directly under the Central Government) have issued the method of the birth insurance in form of government orders or regulations, and 16 provincial capitals have issued the rules for the birth insurance. 5 At the end of 1998, 1412 counties (city) have implemented the social pool of birth insurance fund for enterprise workers, with the number of workers who have participated in birth insurance being 27,767,000. The income and 5 Yunnan , Hubei , Fujian , Gansu , Heilongjiang , Inner Mongol , Liaoning , Jiangxi , Jiangsu , Sichuan , Zhejiang , Shaanxi , Hainan and Shanghai. Chengdu, Nanjing, Changchun , Jinan , Hefei , Yinchuan , Guangzhou , Hangzhou , Shijiazhuang , Taiyuan , Xi'ning , Jinan , Guangzhou , Kunming , Nanning and Urumchi 17 英国第五次人权网络研讨会 The fifth network forum on human rights in UK expenditure of birth insurance fund of the whole year are 980 million yuan and 690 million yuan respectively. Till the end of 1999, the number of workers who have participated in the social pool of birth cost in the whole country is 30 million, and the income and expenditure of birth insurance fund of the whole year are 980 million yuan and 660 million yuan respectively. In 2000, the number of workers who have participated in the social pool of birth cost in the whole country is 30,020,000, and the income and expenditure of birth insurance fund of the whole year are 1,120 million yuan and 840 million yuan respectively. At the end of 2001, 34,550,000 workers have participated in the birth insurance, and the number is 34,880,000 at the end of 2002. At the end of 2003, 29 provinces launched the birth insurance work in the whole country, the number of people participating in the birth insurance is 36,480,000, and 350,000 workers enjoy the treatment of the birth insurance. For the employing units that have not participated in the birth insurance, they are still responsible for the birth cost and treatment of workers. Shanxi, Fujian, Zhejiang, Jiangsu, Jiangxi, Hebei, Guangxi, Hubei, Jining, Shangdong and Xinjiang are the provinces with wide coverage of social pool of birth insurance at present. Shanxi has 118 counties and municipalities, among which 117 have realized the social pool, accounting for 99% of the total. Fujian has 77 counties and municipalities, among which 75 have realized the social pool, accounting for 97% of the total. The percentages of coverage for Zhejiang, Jiangsu, Jiangxi, Hebei, Guangxi, Hubei, Jining, Shangdong and Xinjiang are 92%, 84%, 83%, 80%, 78%, 72%, 67%, 65% and 60% respectively. The current problems of existing medical insurance and birth insurance are the following: 1). The security range is narrow The medical insurance and birth insurance are mainly targeted for the urban worker, and its coverage is relatively narrow. Especially in rural areas, people who are not working in the enterprises cannot enjoy the basic medical insurance treatment and birth insurance treatment. This will be the most difficult problem that the reform of medical insurance and birth insurance of China may encounter in the future. 2). The measures to counteract the non-participation in medical insurance are deficient. The state-owned enterprises that perform poorly are unable to pay the worker's medical insurance premium, so the workers of some state-owned enterprises can't enjoy the basic medical insurance treatment; the laid-off worker of the state-owned enterprise faces the same problem too. Mixing ownership enterprises and individual and private businesses don’t participate 18 英国第五次人权网络研讨会 The fifth network forum on human rights in UK in the medical insurance actively, causing their employees not to join the medical insurance. For the non-participation in medical insurance caused by all these kinds of reasons, the workers of these enterprises are not to blame. The government should take relief measure to the enterprises workers who have not participated in the medical insurance, but there is no corresponding means to deal with it at present. 3). The mechanisms to bear special medical cost are deficient. The problems of medical treatment of special crowd and subsidy of large volume of medical cost above the payment limit of basic medical insurance poll funds are extremely conspicuous, and the existing basic medical insurance cannot solve these problems. So measures shall be taken to establish the bearing mechanism for special medical cost that can supplement the deficiency of basic medical insurance. Job Related Injury Insurance in China The job related injury insurance is a kind of social security system that the country offers medical treatment, life guarantee, economic compensation and professional recovery to the worker who is injured due to his work or suffers from occupational disease and his relatives. At the end of the eighties of the 20th century, Chinese Government began to carry on the reform to the job related injury insurance. In July of 1994, article 73 of " labor law of the People's Republic of China " stipulated that "The laborer enjoys the social insurance treatment in accordance with the law in case of the following: ……(3), One is injured due to his work or suffers from occupational disease ". The labor law has guaranteed the right of the job related injured people and their relatives to enjoy the job related injury treatment in the form of law. In order to make the laborer enjoy the insurance treatment of job related injury conscientiously, Ministry of Labor announced " trial method for enterprises' workers’ job related injury insurance " in August of 1996, and began to set up the insurance system of industrial injury in some areas, and has promoted the implementation of the insurance system of the job related effectively. The " trial method for enterprises' workers’ job related injury insurance " stipulates that the insurance premium of the job related injury is paid by enterprises instead of individual worker. job related injury insurance is it implement trade difference rate and enterprise float rate for paying the fees. Different trade rates are confirmed according to the job related accident risks of different trades and extent of occupational hazards; On the basis of trade rate and in accordance with the real job related accident risk and the expenditure on job related injury insurance fund of the last year, the actual rate for every enterprise is determined. 19 英国第五次人权网络研讨会 The fifth network forum on human rights in UK In April of 2003, the State Council issued ‘regulations on job related injury insurance’ (adopted on January 1, 2004). In order to cooperate with the carrying out and implementation of the regulations, according to the mandate of the regulations, Ministry of Labor Security has made’ the job related injury asserting methods’, ‘regulations on relatives range of the employee died of work’ and ‘ disposable compensation methods for casualties of illegally employed personnel’. The implementation of these regulations and rules has offered the effective legal system guarantee to set up the insurance system of industrial injury of our country, safeguard laborer’s legitimate rights and interests conscientiously, and perfect the social security system. At present, the implementation plan for the " regulations on industrial injury insurance “ has been made in most provinces of the country, and 79 cities are made as the important city to be connected, and trainings of different scales and levels have been carried out in some provinces, and special personnel have been organized to make implementation terms and relevant formulation work. In China, the job related injury insurance implements the difference rate. The country confirms the difference rate of the trade according to the industrial injury risk degree of different trades, and confirm several rate grade in each trade according to the situations such as use of the job related injury insurance premium, job related injury accident rate, etc.. And the rate grade is worked out by the labor security department together with finance department, hygiene administrative department, safety production supervision administration department of the State Council, and is issued for implementation after being approved by the State Council. At the end of 2001, the national insurance premium rate of the industrial injury on average is about 1%. The fund gains 3,500 million Yuan in the whole year of 2003. The worker who participates in job related injury insurance, because of injury of suffering from the occupational disease, will enjoy the legal job related injury insurance treatment as follows mainly: (1) Hospitalization cost. The worker who is injured or suffers from the occupational disease enjoys the medical treatment of job related injury. (2)Replenish in hospital. The worker who is treated in hospital because of job related injury shall be granted with 70% allowance according to the food allowance standard for business trip. (3) Auxiliary utensil expenses of the deformity. The necessary expenses for auxiliary utensils such as artificial limb, glass eye, orthopaedicking device, denture and wheelchair shall be paid from the insured fund of the job related injury according to the standard that the country stipulates. (4) Life attendance expenses. The job related injury worker whose injury has been evaluated by the labor ability evaluation committee as needing life attendance shall be paid life attendance cost monthly from the industrial injury funds. (5) Subsidy and allowance for wounded and disabled worker. The worker who is disabled due to his work shall be paid the lump-sum subsidy and monthly allowance 20 英国第五次人权网络研讨会 The fifth network forum on human rights in UK according to the grade of disabled people. (6) Pension and relative's subsidy. For the worker died because of his work, his direct relative shall be paid compensation fee, funeral subsidy and lump-sum subsidy for industrial death in accordance with the following regulations. By the end of 1998, 37,813,000 workers in 1713 counties (city) in the whole country have participated in the job related injury insurance; The insured fund of the job related injury gains 2,120 million yuan in the whole year, and the expenditure is 900 million yuan. At the end of 1999, 1713 counties (city) have implemented the social pool of the insurance against injury at work in the whole country, and the number of workers who have participated in job related injury insurance is 39,603,000 people, and the insurance fund of the job related injury gains 18.6 hundred million yuan in the whole year, and the expenditure is 1,190 million yuan. In 2000, 43,500,000 people in the whole country have participated in job related injury insurance, and job related injury insurance fund gains 2.5 billion yuan and the expenditure is 1.4 billion yuan. At the end of 2001, 43,450,000 people in the whole country have participated in job related injury insurance. At the end of 2002, the number was 44,060,000. At the end of 2003, the number was 45,730,000, and the number of people who enjoy job related injury insurance treatment is 370,000. For the workers whose employing units have not participated in the job related injury insurance, their job related injury treatment is beard by their employing units. 6. The Future Development of Social Security System of China China is not an advanced economic development level, and managerial ability and technological support means are weak, so it needs an arduous long-term course to build a perfect social security system. It is a blessing that there is a reform of the social security systems of more than 20 years in China, and there is experience as well as lessons. The future development of China's social security system, which is in fact solving of problem that the current social security is insufficient, has the following several respect mainly: 1). Social security laws shall be perfected as soon as possible China's social security system has been reformed for more than 20 years, and has not made a law about social security. The current social security system is mainly reformed and restrained in the form of administrative statute or the rule, and the pressure and restriction strength is not strong enough, and is not favorable for the effective execution of various policies of social security system. As far back as 1994, article 73 of ‘labor law of the People's Republic of 21 英国第五次人权网络研讨会 The fifth network forum on human rights in UK China ‘ has stipulated that’ The laborer enjoys the condition and standard of the social insurance treatment for the laborers to enjoy shall be determined by laws and regulations.’ But even to this day, there is no law that has enforcement strength and is related to social security. On March 15 , 2004, article 23 of " the Amendments to the Constitution of the PRC " stipulates that ‘The country establishes and improve system of social security suiting with development level of economy. ‘This blows the clarion call for legislation of China's social security system. Legislator should make’ social insurance law’and laws and regulations that can regulate the improvement and development of social security undertaking as soon as possible, so as to regulate and promote the development of social security undertaking better. 2). Endowment insurance (1) Develop integrated and multi-level social endowment insurance system The endowment insurance of China should expand the coverage rate, and state owned enterprises, township enterprises, foreign enterprises and private enterprises should be included in the range of social security. The basic endowment security system of organizations, public institutions and its employees shall avoid the social conflict resulting from different security methods to different crowds, and the rational flow of employees within the enterprises and public institutions shall be promoted. Besides the basic endowment insurance, set up supplementary endowment insurance and individual savings endowment insurance according to the economic situation; Develop supplementary endowment insurance, and enterprises can set up annals and implement market-based operation and management, and enjoy tax allowance, and implement total accumulating system, with the fee being burdened by enterprises and individuals together. Organizations and public institutions can set up additional insurance whose fund is offered by the finance mainly, and individuals shall also pay certain premium too. In this respect, it should be done to rectify and standardize the endowment insurance work of the countryside actively, explore the security methods for rural old people that suit China's actual conditions, and narrow the disparity in urban and rural areas. (2) Government’s favorable measures to promote endowment insurance undertaking Encourage enterprises to participate in worker's supplementary endowment insurance (such as supplementary pension etc.), making which an important component for the Chinese endowment insurance undertaking. Enterprises supplementary endowment insurance is a system under the supervision of national policy support and law supervision and autonomously chosen by enterprises. The country should create the convenient conditions for 22 英国第五次人权网络研讨会 The fifth network forum on human rights in UK implementation of enterprise's supplementary endowment insurance, such as reducing or remitting taxes etc.. (3) The system to strengthen and regulate the allocation of endowment insurance premium The social pool fund is adjusted with province, autonomous region and municipality directly under the Central Government as the unit. It shall be done to reform and perfect worker's basic endowment insurance system of government departments and institutions in good time. In the range of realizing provincial pool, it shall be done to unify payment rate as soon as possible, and unify pension treatment, and alleviate the pension treatment differential of different trades and regions resulting from economic development grade and income level difference by the modes such as supplementary insurances. 3). Unemployment insurance Make the basic living guarantee of laid-off workers of state-owned enterprises merge with the unemployment insurance system. The state-owned enterprise no longer sets up new re-employment service center in principle, enterprise's new layoffs no longer enter the re-employment service center in principle, enterprises will remove the working relationship with the newly laid off workers. For the workers whose employing units have participated in the unemployment insurance and made full amount of payment, they can enjoy the treatment of unemployment insurance. For the laid off workers who have entered the re-employment center, their basic life and re-employment agreement will not be changed. For the workers whose re-employment agreement has expired and who haven’t found a job yet, their working relationship with the center shall be removed in accordance with relative regulations and they can enjoy the unemployment insurance or the urbanite's minimum living guarantee treatment in accordance with the law. It shall be done to expand the unemployment insurance coverage rate in accordance with the law, promote public institutions, foreign-investment enterprises, private enterprises to participate in the unemployment insurance especially, and include units and workers conforming to regulations in the coverage, and strengthen the collection of unemployment insurance premium , increase fund incomes , and strengthen the bearing ability of funds. It shall be done to give full play to the function of promoting re-employment of laid off workers of the unemployment insurance, utilize the benefit of unemployment insurance premium in professional training and introduction, and help the unemployed people to realize reemployment as soon as possible. 23 英国第五次人权网络研讨会 The fifth network forum on human rights in UK 4). Medical insurance and birth insurance (1) Expanding the applicable scope of medical insurance and birth insurance China should continue perfecting the urban worker's basic medical insurance system, expand coverage of the basic medical insurance and birth insurance steadily and make it expand to all people progressively, especially bring all employing unit and worker in the cities and towns within the basic medical insurance system. In this course, it shall be done to confirm rational payment rate for basic medical insurance, and set up the basic medical insurance premium rate in conformity with development level of economy and adjust the mechanism. It shall be done to set up nationwide unified urban worker's birth insurance system progressively, expand the coverage rate steadily, realize the social pool at local level of birth insurance, improve the socialized managing service level, strengthen the management of birth insurance fund and realize the balance between revenue and expenditure. (2) Improving the security level of medical insurance China should not merely continue implementing and perfecting national civil servant's medical treatment subsidy, solve the hospitalization cost outside of the national civil servant's basic medical insurance rationally; implement the subsiding method for large volume of hospitalization cost, solve the medical cost above the limit of basic medical insurance, but also develop enterprises supplementary medical insurance , and for the part of cost that is less than 4% of worker’s salary, it can be paid by the revenue; explore and set up social medical rescue system; Encourage the worker to participate in the commercial medical insurance voluntarily, and through setting up multi-level medical security system, improve the guarantee level of the medical insurance fundamentally. (3) The corollary reform of medical insurance and hygiene system In this respect, China should perfect the management organization of the medical insurance and management system, perfect medical insurance information and counting system; perfect the managing method of medicine, diagnosis project and medical service facility for basic medical insurance, guarantee worker's rational need of seeking medical advice and using medicine; strengthen and perfect medical insurance premium expenditure management, strengthen funds supervision, guarantee the balance between revenue and expenditure of medical benefits funds, improve the ability of medical benefits funds to resist risk. 24 英国第五次人权网络研讨会 The fifth network forum on human rights in UK 5), Supervision and management of social insurance funds (1) Collection and enrichment of social insurance funds Confirm the social burden standard for the collection of insurance fund rationally in legislative form. The burdens of enterprises, government offices, public institutions and workers should be rational. The total proportion which the former bears can be controlled less than 25% of the on-the-job worker's payrolls, among which 15% is for endowment insurance, 6% is for medical treatment, 2% is for unemployment, 1% is for industrial injury and 1% is for birth insurance; Total proportion that the latter bears shall be lower than 11%, among which 8% is for endowment insurance, 2% is for medical treatment, 1% is for unemployment. In possible cases, it can be done to implement the alteration of social security cost to social security tax and strength the supervision and collection of pension, and cash a part of state-run assets through the standardized operation of capital market, issue stocks in local and overseas places according to state-owned enterprise financing proportion to draw some fund, or expand issuing scale of lottery tickets, etc. to substantiate the social security fund. (2) Establishing supervision system of social insurance funds It shall be done to set up and amplify the social insurance fund supervision and management system, implement the process supervision to the budget, collection, expenditure, balancing of social insurance funds in accordance with laws; Strengthen social security administrative supervision, social supervision, perfect the normal mechanism of fund supervision and inspection, guarantee the carrying out and implementation of every regulation, policy; Discuss and make rules and regulations for social insurance fund management, supervision and investment operation; Make ways of scene supervision, non scene supervision, fund management risk evaluation and anti-cheating, and supervise the collection mechanisms of their action, the payment activity of social security handling mechanisms, management activities of financial accounts, and investment running and running status of social service mechanisms; Set up management policy for annals of enterprises and explore supplementary medical insurance supervision mechanisms. (3) Realizing the socialized granting of social insurance funds The basic pension shall be granted by banks, post offices and other social service mechanisms that are entrusted by social security handling mechanism in an all-round way. The unemployed people shall get the unemployment premium in the specified banks with the prove of certificates issued by unemployment insurance handling mechanisms. The medical cost paid by the 25 英国第五次人权网络研讨会 The fifth network forum on human rights in UK basic medical insurance pool shall be settled by the handling mechanism in the fixed medical mechanisms, drugstores directly, so do the medical cost for industrial injury insurance and birth insurance. 26