Research On Rural Social Security Legal System In China

Since the implement of the reform and open policy, the social security systems with Chinese characteristics, have been established step by step according to the request of socialist market economy, which including basic endowment security system, basic medical security system, undemployment security system and mimimum living security system for urban working people,. The fundamental framework of the new urban social security system has been formed intitially. But it should be kept clearly that the reform of social security system has been carried out mainly in urban areas, and the construction of rural social security system, which is an important component of the whole social security system of China, has been limited developed. The rural social security system is greatly relevant to China social security system. To strengthen rural social security system construction is not only an objective need of China rural market economy and the society development, but also the urgent need of inhabitants in the countryside. At present, the Chinese government has realized the significant goal of establishing well-off society by building up the social security system. It all has an extremely vital significance to maintain social stability, impel development of rural economy and progress of the whole social. The reality suggests that Chinese rural social security system has become a weak link of the construction of social security system, which not only seriously constrains the development of the agricultural economy and the progress of the rural community, but also affected economic security and social stability of the countryside and even the whole county. It has become the bottleneck barricade of promoting Chinese modernization and rural market-oriented reform. Research on the rural security system has great practical significance on solving "San Nong" (agriculture, rural areas and farmers) problem, on building harmonius society and on constructing new socialist countryside.The establishment of rural social security legal system must meet the basiec needs of farmers. So we should establish the social security system on the rural social endowment security legal system, rural medical security legal system and rural social minimum living security legal system. On the basis of research on rural social security theory problems, the author put forward the proposes of improving rural social security legal construction. Design the basic principles and ideas of rural social security legal systems. Construct the main contents of rural social security legal system. It has important theory and practice significance to the legislation, judicature and enforcement of rural social serurity system.Used theoretical analysis to law and system, distinguish the concept of social security law and social security system, and research on the concept of rural social security system, rural social security legal system and adjustment object. Rural social security law adjusts such social relation that a member of rural society should be given certain benefits to maintain their basic standard of living and to ensure their quality of life, when there were risks occurring. It includes rural social insurance legal system, rural social aid the legal system, rural social welfare legal system and rural society special care legal systems.Comparative analysis was employed to study the rural society security legal systems of developed countries such as the USA, Germany and Sweden and developing countries such as Singapore and Chile. On the basis of this, the author summarized the different and common characteristics of rural social security legal system of different countries mentioned above and put forward some use for reference to China.The author recalled the development history of rural social security of legal system, objectively reviewed the situation of rural social security legal system, analysized the problems and causes of rural social legal system. The research shows that current problems in rural social security legal system includes: lack of rural social security legislation, Low level of rural social security and Weak of enforcement of rural social security rules. The primary factors that affected development of China's rural social security legal system includes System causes and Non-system causes. Apply analytic hierarchy process(AHP) to research on the causes influencing the establishment of rural social security system in China. Calculate relative havyweights of different level elements and indicators, then point out that the key elements influencing development of rural social security system are: establishment of rural social security legal system, judicatory of rural social security legal system, policy and funds arrangement of government.Establish basic ideas and basic principles of improving rural social security legal system. The basic ideas are: idea of right to subsistence, idea of social justice and idea of social joint. The basic principles are: principle of right assure, Principle of combination of justice and efficiency, principle of harmony of security level and economy development, principle of generally applied, principle of combination of unconstraint and compulsion, Principle of emphasizing government' s function. Establish long-term purpose and current-stage purpose of legislation. At present, perfect rural social security legal system can't be established rapidly, so we should establish series special rules according to requirements, and establish uniform social security law in the future.Mechanism construction of rural social security legal system has an important reality significance to ensure the basic social security right of farmers. We should ensure funds by increasing government investment, promoting enterprises fees, encouraging farmers fees, increasing new kind of tax, issuing social security lottery, developing charity, and so on. We should also improve relevant management system , supervision system and dispute disposal system.The model selection of rural social security legal system is more rules exist at the same time. Without condition to establish uniform social security law, we should estalblish serious specific rural social security rules includes rural social endowment insurance rule, rural social medical insurance rule and rural social minimum insurance rule. Design the contents of security objects, funds arrangement and payment, supervision and management, disputes disposal, liabilities, and so on.A perfect rural social security legal system needs not only special rules, but also other relevant rules and methods. We should improve criminal law, country land law, tort law and other relevant laws. We should strenghthen farmers' social security legal consciousness by rural legal system construction and law education. We should strenthen theory research on rural social security legal system. We should use scientific legislation idea to discuss on social security legal system theory which can instruct legislation and judicary. We should absorb advanced research ahievements of foreign rural social security legislation and combine with actual situation of China, to improve development of rural social security legal system in China.