Research On Medical Social Security From The Perspective Of Administrative Law

The paper studies problems about medical social security through the combination of the perspective of administrative law and the basic theory of management, sociology and economics. Some suggestions on the reformation and reconstruction of the present situation about medical social security are gived as far as possible, through the combination of arranging of present situation and problem about medical social security and the theory of corresponding law, especially administrative law. At last, the routes implementing the reconstruction of medical social security are proposed as the response and the answer to the reformation of the present situation about medical social security, and a new subject of administrative law is possible to be aspired.Chapter 1: At first the subject of the paper is drawed out from the livelihood concept. Then the necessity of administrative law perspective in studying medical social security is demonstrated by analyzing the character of social security. At last, this part compares the related researches at home and abroad and introduces the main research ideas and research methods.Chapter 2: Empirical analysis of the medical social security. The medical social security system is consisted of public health, labor health, and rural cooperative medical system in the early days of New China. After several rounds of reformation, a medical social security system including basic medical insurance for urban workers, the new rural cooperative medical care, basic medical insurance for urban residents, and public health and social medical assistance has been founded. The problem of this system is the difficulty and costliness to get basic medical treatment. The overall market reformation at the early time removes the state responsibility in the field of health care. The personal responsibility is emphasized too much while the public property of basic medical treatment is neglected.Chapter 3: Constitutionalism basic of medical social security. People’s right of medical treatment is provided directly or in-directly by constitution and the international convention. By analyzing the nature of medical care right and the way to achieve the right, this part points the present task of the state is to perfect related legislation. At the same time, this part emphasizes the task of administrative law to ensure that the state will be charged with the responsibilities of citizens’living in the field of medical treatment through the analysis of administrative theories.Chapter 4: The reconstruction of medical social security from the perspective of administrative law. Inheriting the research results of the first three chapters, this part discusses the reconstruction of our country’s medical social security. By discussing the main medical care models of other countries and our country and analyzing the legal nature of the related subjects, this part gives suggestions to the reform and reconstruction of the medical social security at last.Chapter 5: The way of reconstruction of medical social security. On the basis of the previous chapters, this part suggests the way of the reconstruction, and this further study can also be considered as a response for administrative law to the problem: the purpose of rule of law is to draw of line for law in field of medical treatment and to make a good interaction among law, policy and other governance model; public-private partnership and privatization are done to solve the problem of insufficience of funds and bad quality of medical treatment services; Compulsory insurance will concentrate to solve the adverse selection problem of medical social insurance.