衰老是人人必经的、不可逆转的自然生理过程，因衰老而产生的养老问题自古以来便受到人类社会的极度关注，由此衍生出丰富多彩的文化、道德乃至法律规范体系。传统农业社会的政治经济环境，以及从血脉亲情天性中萌发的孝文化和孝道规约，共同促使家庭养老成为当时的主要养老方式。然而到了工业社会，家庭养老因应老年风险的成效难以期待，社会养老由此产生。社会养老保险法制是老年经济安全保障最基础和最重要的制度供给，也是世界各国完善其社会保障法乃至其整个法治体系的重要环节。尤其在老龄少子化浪潮席卷全球的今日，社会养老保险法制通往权利保障和永续经营的改革之路，已然成为诸法治国家最关心的问题，具有重大的理论和现实意义。社会养老保险是我国社保体系的第一大险，该领域的法制化不仅关涉国计民生，牵动全体国民的切身利益，更是我国建成中国特色社会主义法治体系、实现依法治国所无法绕过的关山。然而回顾我国社会养老保险法制的发展史，从建国至今数十年，其中遍布坎坷、停滞、犹疑与徘徊。时至今日，虽然针对城镇职工、城乡居民及公务人员的保障已初具雏形，但总体而言，我国社会养老保险法制依然过于粗糙，法制化水平很低，权利属性极不彰显，需从政策之治转向法律之治。基于很多法理及制度层面的问题亟待厘清，本文立基于这些问题间的逻辑关联进行系统化重构，以期为该领域添砖加瓦、补齐短板。首先，本文历史地回顾世界范围内和我国社会养老保险法制从无到有之过程，以明晰该法领域之生成脉络与形成机制，回答其“从何处而来”这一首要问题；然后，探究社会养老保险法制之基本原理，为后续具体制度的评价与完善提供法理支撑；再次，从组成社会养老保险法律关系的基本要素出发，以保障对象、保险给付、保险财务为三个立足点，分别探讨制度架构之厘定、权利构造与规范体系、财务模式选择与永续经营等重要问题，以充实我国社会养老保险法制构建的具体内容。本文希望通过这种由历史到现实、由法理到制度、由粗糙到精细以及由点到面的论证方式，全面深入地整合与重构我国社会养老保险法制，以期在时代变迁的背景下，最终能够回答其应“向何处而去”的问题。
Aging is a natural and irreversible physiological process that everyone must undergo. The issue of providing for the elderly caused by aging has been extremely concerned by human society since ancient times, resulting in a rich and colorful system of cultural, moral, and even legal norms. The political and economic environment of traditional agricultural society, as well as the filial piety culture and filial piety regulations that sprouted from the blood and kinship nature, jointly promoted family pension to become the main way of providing for the elderly at that time. However, when the social form entered the industrial society, pension ushered in a transition from family pension to social pension. The legal system of social pension insurance is the most fundamental and important institutional supply for the economic security of the elderly, and it is also an important link for countries around the world to improve their social security laws and even their entire legal system. Especially today, with the tide of aging and fewer children sweeping the globe, the path of reform of the social pension insurance system leading to the protection of rights and sustainable management has become the most concerned issue for legal states, with significant theoretical and practical significance. Social old-age insurance is the first major insurance in China‘s social security system. The legalization of this field is not only related to the national economy and people‘s livelihood, but also affects the vital interests of hundreds of millions of people. It is also an important issue that China cannot bypass in constructing a legal system with Chinese features and reaching the law-based governance of China. However, reviewing the development history of China‘s social pension insurance system, from the founding of the People‘s Republic of China to now, there have been many ups and downs, stagnation, hesitation, and wandering. Today, although the protection for urban workers, urban and rural residents, and civil servants has begun to take shape, in general, China‘s social pension insurance system is still too rough, with a low level of legalization, and the nature of rights is extremely unclear, requiring a shift from policy to law. Based on the urgent need to clarify many legal and institutional issues, this article aims to systematically reconstruct the logical relationship between these issues, with a view to adding bricks and filling gaps in this field.Firstly, a historical review of the process of the development of the social pension insurance system worldwide and in China is conducted to clarify the formation context and mechanism of this field of law, and to answer the primary question of "where did it come from?"; Then, explore the basic principles of the social pension insurance system, and provide legal support for the subsequent evaluation and improvement of specific systems; Thirdly, starting from the basic elements that constitute the legal relationship of social pension insurance, and taking the protection object, insurance benefits, and insurance finance as the three footholds, this paper discusses important issues such as the determination of the structure of social pension insurance system, the construction of rights and regulatory systems, and the balance between sustainable operation and adequate benefits, in order to enrich the specific content of China‘s social pension insurance legal system construction. This article hopes to comprehensively and deeply integrate and reconstruct China‘s social pension insurance system through this demonstration method from history to reality, from jurisprudence to system, from rough to fine, and from point to surface, with a view to ultimately answering the question of "where to go" in the context of era changes.
