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自社会保障制度改革以来,我国主要是通过一系列政策法规来构建社会保障制度,走的是一条“政策之治”的道路。“政策之治”的存在原因是:我国处于经济转轨期;各地经济发展水平相差很大,社会保障负担畸轻畸重;社会保障领域诸多问题没有得到理清;社会保障“立法先行”在中国实现的条件不足等。文章最后提出“政策之治”是暂时的,“法治之治”才是必由之路,走向“法治之治”要具备以下基础条件:市场经济、政治民主和理性意识。
Since the reform of the social security system, our country has mainly adopted a series of policies and regulations to construct a social security system and is guided by the principle of “rule of policy.” The reasons for the existence of the “policy of policy” are as follows: China is in an economic transition period; the level of economic development in various places varies greatly; the burden of social security is too light and serious; many problems in the area of social security are not properly sorted out; and the social security China has not met the conditions. The article concludes that “rule of law” is temporary and that “rule of law” is the only way to go “rule of law” should have the following basic conditions: market economy, political democracy and rational awareness.