| The new rural cooperative medical system, referred to as the "new rural cooperative" means-governmental organizations, guidance, support and voluntary participation of farmers, individuals, groups and government multi-party financing, farmers health care aims at treating the main a serious co-ordination system. Under normal circumstances, China’s rural medical insurance, including cooperative medical care, medical insurance, several forms of co-ordination to resolve the cost of hospitalization and preventive health care contract. One of the new rural cooperative medical care system as an important part of the rural social security system is particularly important for rural economic stability and sustainable development, so the country attached great importance. However, under the special circumstances of China in recent years rural medical security had been unable to meet the needs of sustainable development of rural economy, the new rural cooperative medical system in the implementation process, there have been some legal issues. Therefore, systematic research and analysis on the new rural cooperative medical system, significant enrich the system and to guide the practical significance of the theory.This paper adopts questionnaire, interviews and other methods to Shenyang city in a village in the new rural cooperative medical executive circumstance undertook investigating, randomly selected200farmers, the farmer culture level, family monthly income, medical care and earnings and other related cases were statistically, and some Shenyang city rural medical management mechanism the relevant documents were analyzed, at the same time on a rural medical fund raising and use of statistics. The author thinks, new rural cooperative medical system in the implementation of the following legal issues:first is the new subject of rights and obligations is not clear, in farmers’rights is not clear, medical institutions are not aware of their obligations, the health administrative departments of the three aspects of the responsibility is not clear; second is the financing mechanism is reasonable, performance in the" financing" mechanism to cause serious problems, rural collective economic organizations of the support difficult to ensure, farmer individual financing difficulty; third is to protect the way is not reasonable; fourth is the fund supervision is not in place, the performance of the fund supervision main body is not clear, the fund financial management, accountability mechanism is not perfect; fifth is the compensation mechanism is not perfect, as the designated hospitals at all levels, proportion of compensation in different reimbursement proportion is low and the cumbersome procedures. Finally, this paper put forward to perfect the new rural cooperative medical system is proposed: first is to clear medical subjects of rights and obligations, including to take a variety of ways to realize farmers’ rights, realization of medical institutions of the equality of rights and obligations as well as clear medical management organization and duties three; second is to build a reasonable and feasible financing mechanisms, including changes in financing sequence, introduce incentive mechanism and actively expand the financing channels; third is to adjust the security mode; fourth is to strengthen the medical fund operation and supervision, mainly through the clear regulation of the main, the establishment of new rural cooperative medical fund account, to perfect the related liability to investigate the mechanism of three way; fifth is to set up scientific and reasonable compensation mechanism, including removal of the designated hospitals at all levels of compensation ratio of different policy, improve the proportion of claims and simplified procedures for reimbursement. |