| Social security is an important livelihood project in our country,and has become the focus of public since the reform and opening up.However,due to the presence of long-term urban-rural dualistic social structure,the social security system is also showing the urban-rural dualistic features.Along with the deepening of market economy system reform,industrialization and urbanization process in China are accelerating,so the gap between urban and rural is gradually widening,which include the social security level in both urban and rural areas.In addition,coupled with the national's preferential social institutions and policies on urban social security,the urban social security system has been initially established,however,the social security system in rural areas is still lagging behind,and its security level has been difficult to face the challenges brought about by the country's rapid economic development,furthermore,the dualistic difference between urban and rural social security system has revealed obvious disadvantages in response to the problems of labor mobility,accelerated aging,and rising social risks.In 2012,the 18th National People's Congress report stated that we aim to establish a social security system that covers both urban and rural residents,indicating that China's urban and rural social security system will enter into a new stage of development.Moreover,the prerequisite of establishing a social security system that covers both urban and rural residents is to build a social security system of urban-rural integration.In 2013,"The decision of a number of major issues on deepening the reforms in an all-round way of CPC Central Committee" clearly put forward to improve the institutional mechanism of integration of urban and rural development.Under this context,the realization of integration of urban and rural social security system has great significance for our country to maintain social justice,maintain social stability and development,and create a harmonious social environment,as well as the full realization of the goal to build a well-off society.The development of industrialization and urbanization not only put forward of higher requirements for our social security system,but also created the prerequisites for the realization of urban-rural integration social security system:China's economy,policy,culture,rule of law and the comprehensive national strength have increased in the process of industrialization and urbanization,and an important foundation for the urban-rural integration social security system has also been formed.Therefore,at this stage to build the urban-rural integration social security system is about the right time.In this paper,the integration of urban and rural social security system is regarded as the study object,based on the basic theories and analysis methods of law,combined with the theory and empirical data of political science,economics,sociology,etc.,by exploring related issues in urban-rural integration social security system to seek to build a basic path for integration of the urban and rural social security system.This paper is divided into six chapters:Chapter One:Introduction.It leads in the reasons for integration of the urban and rural social security system with questions,and defines the concept of social security,elaborates the basis and research value of this topic;and then it gives a general review on the research in recent years regarding the integration of the urban and rural social security system;in the end it describes the research ideas,content,innovations and deficiencies of this paper to sort out the structure of this paper.Chapter Two:Theoretical foundations of urban-rural integration social security.This chapter consists of three parts.The first part elaborates the legal connotation of social security from two aspects,namely the rights foundation of social security and the legal relations of social security.First,scholars from domestic and abroad have different opinions in terms of right attribute of social security,who has experienced the process of "debate-certainty-questions-re-certainty",social security is a fundamental right of citizens,and it is also a civil right determined by the Constitution.Second,in regards of the legal relations of social security,this paper aims to make it clear that the legal relations of social security are just like any other legal relations,it is a relationship of rights and obligations formed legally among right subjects,but on the other side,the legal relations of social security are also different from the general legal relations,therefore,in this paper,it illustrates the particularity of legal relations of social security from two aspects,including the static legal relationship among security subjects,objects and content as well as the dynamic legal relationship among the generation,alteration and elimination of social security.In the second part it dissects the in-depth theoretical basis of urban-rural integration social security from the perspective of "citizenship".Citizenship is a permitting qualification access to social security,so the value property of citizenship "universality"and "equality" are also corresponded to social security;however,due to the household registration system in our country,different identities of "citizen" and "peasant" are existed,the identity of peasant do not have full civil rights,and even more difficult to enjoy the equal social security as citizens,therefore,the essential change from "peasant" to "citizen" is the key to achieve the integration of urban and rural social security.The third part is about the theoretical basis for integration of urban and rural social security functions as the social system.As we all know,the long course development of social security has formed theories from different levels and different angles,so the theoretical basis for the integration of urban and rural social security system can't completely confined to a particular subject area,therefore,this article tries to build the theoretical basis of the integration of urban and rural social security from the disciplines of economics,Marxism,sociology and law.Chapter Three:the development process of modern social security system.The research on historical development of modern social security is conductive for us to grasp the evolution law of social security and also guide the integration of urban and rural social security system development in our country.This chapter consists of two parts:social security development process in both domestic and other countries.Chronological order is applied in terms of foreign social security development.First of all,modern social security system began in Britain's "poor laws era",in addition,the issuance of "Poor Laws" had effectively improved the vagabondage status of the poor in Britain,and mollified the upgrade of social conflicts,which also created conditions for the development of post-industrial revolution.Subsequently,Bismarck's social insurance system defined for the first time that nationals have the right to enjoy social insurance,and at that time social security truly became a fundamental right of citizens.After the 20th century,the "Social Security Act" implemented by the Roosevelt government of United States had pushed the development of human social security to a brand new level,and the name of "Social Security" was first appeared.In mid-20th century,the report of "Social Security and Joint Services" that submitted by British economist Beveridge to the British Government,making the UK the world's first "welfare state",which had a landmark historical significance for the development of the social security system in the world.Domestically,this paper mainly discusses the development of China's social security system from the urban and rural two levels,it starts from the founding of the nation,then focuses on the "Cultural Revolution",after that,it adopts "market economy period" as the turning point to describe the arduous process of China's urban and rural social security development from different stages and different levels.Chapter Four:Institutional stalemate of urban and rural dualistic social security system in our country.Based on our special conditions and specific historical conditions,the development of social security system in our country has no corresponding international experience to use for reference,so the integration of urban and rural social security system is still groping forward.Although the city has formed a social security institution system with the core content of social insurance,and the "new rural endowment insurance" and the "NCMS" are also initially established in rural areas,the dualistic social structure is still the biggest obstacle for the integrated development of social security system in China.Moreover,the defect of urban-rural segmentation social security system has been quite highlighted,it has restricted the flow of people in our society;hindered the urbanization process in China;limited the realization of peasants' rights,in addition,it also continued to widen the gap between urban and rural areas.Nevertheless,along with the acceleration of industrialization and urbanization process in China,the current urban and rural social security system will still face huge challenges.First,the natural risk,market risk and political risk assumed by peasants continue to rise;secondly,the aging of our population is difficult to be dealt with based on the current urban and rural social security;thirdly,the weakening of family security and land security functions have increased the country's security burden.Meanwhile,the lack of related laws concerning social security has also brought a lot of difficulties for the establishment of urban-rural integration social security system in our country,as we all know,the urban-rural integration social security is inseparable from legat norms,however,we have only the "Social Insurance Law" in force as the true sense of social security legislation,which is difficult to fully covering both urban and rural residents.Chapter Five:Realization route for the integration of urban and rural social security system in our country.According to the experience of other countries in terms of social security,the building of urban-rural integration social security system has the following basic elements:per capita GDP,urbanization,the proportion of industry and agriculture in GDP,the proportion of populatibn,the proportion of social security spending accounts for fiscal expenditure,related policy support and so on.It found out through empirical studies that these above indicators in our country have exceeded the average international standards,which means that we have reached the objective condition of establishing the integration of urban and rural social security system.However,as the rural-urban segmentation social security system is still implemented currently in our country,so the promotion of comprehensively rural-urban integration social security system is extremely urgent.In this chapter,it has targeted two areas,namely pension and health care to study our urban and rural social security in details,so as to seek the development path of urban-rural integration social security in our country.Chapter Six:Legal Path for urban and rural integration social security system in our country.This chapter is a summary for the legal path of urban-rural integration social security system in our country.The following conclusion can be obtained through above studies:rule of law is the final line to maintain effective operation of urban-rural integration social security system,at the same time,it is also the bottom line that can't be broken for the development of urban-rural integration social security system,which means that we have to stick to it during the practice.At present,the central government has made important strategic deployment with respect to the basic strategy of "Comprehensively promote the rule of law",and social security must be included in the rule-of-law track as it also functions as an important livelihood project.This chapter intends to build the law-governingbasis of urban-rural integration social security system from three aspects,namely the legal system,the judicial relief and government responsibility,in this way,we can ensure the operation of urban-rural integration social security system with the means of rule-of-law. |
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