| After more than30years of reform and opening, China’s economic construction has obtained great results. Economic power has significantly increased, the comprehensive national strength greatly enhanced, and modern market economy system has been well developed. According to the growth requirement of socialistic market economy system, after the reform, China has gradually established a system with Chinese characteristics which covers the urban enterprise workers’basic pension insurance, basic medical insurance, unemployment insurance and the minimum living security system of city residents. The primary framework of the urban social security legal system has been initially formed. It was in1986, social security concept was firstly presented in China’s official documents, the "Seventh Five Year Plan of the National Economy and Social Development" that was passed in Sixth National People’s Congress. After a long time since then, however, the main role of the social security legal system was just a part of the state-owend enterprise reform. In general, China’s social security reform is mainly servering the people of urban, while the rural social security legal system construction which is also very important to China falled behind significantly. Furthermore the dualistic structure of the social security legal system does not bring an equal opportunity to the urban and rural, which not only conflicts with the justice of the social security right, but also hurts the development of economy and the progress of the society. The great difference between the urbans and the rurals damage the benefit of the rural people very badly and may lead to many serious social problems and jeopardize social stability and progress. The root cause is the urban-rural dualistic structure. Therefore, it is high time to eliminate the urban-rural dualistic structure and establish an integrated development of urban and rural social security legal system.Along with the fast development of economy, the problem of agriculture, countryside and farmer was already become "bottleneck" restrict chinese economy overall development.Urban and rural development as a whole is not only major strategy to solve the problem of agriculture, countryside and farmer, but also the inevitable choice to enhance city development. Urban and rural economic and social development is the adjustment of China’s dualistic structure of urban and rural, contract the difference of country and city. Rural social security legal system establishment and the harmonious development of urban and rural social security legal system is the important content. Therefore, research on that China’s current economic construction and social reform, the causes and negative effect of current urban and rural social security legal system, and how to break duality of urban and rural social security system, explore the measures to implementation of urban and rural development as a whole, has very important theory value and the practice significance.The purpose of this paper is based on the inspection of China’s social security legal system, analysis the flaw of dualistic social security legal system, proposed the countermeasure to establishment social security legal system of urban and rural. Main frame is:background——literature review——foreign social security legal system changes and enlightenment——a historical review and current situation and defect analysis——construction target and path analysis——urban and rural social security legal system building and perfecting——suggestion and conclusion.Firstly, through horizontal comparison, analyses the development and changes of the foreign social security legal system, and the general development and operation rule of social security legal system, summarize construction experience of the foreign social security legal system, to provide references for the construction for balancing Chinese urban and rural social security legal system. Then, from the longitudinal angle of development, combs the whole process of Chinese social security legal system history development, since the foundation of the social security, mostly laws and regulations are for the town, forming the dualistic structure social security legal system of urban and rural. Because dualistic structure social security legal system of urban and rural is not conducive to the further development of industrialization and urbanization; not conducive to economic development; it is difficult to promote social justice and social stabilization; hard to cope with the aging trend of the population.In general, from the history of establishment and development of social security system, legislation is in advance. However, China’s social security legislation work lags far behind; on the whole, the social security legislation is not perfect, the level of legislation is low, urban and rural social security legal system development is not balanced, basically in a state of lag behind the reality needs. Therefore, we should balance urban and rural social security legal system.The long-term goal of establishment of balancing urban and rural social security legal system is to establish a compatible with the level of economic development, urban and rural social security legal system completely unified four levels of social security legal system. However, build urban and rural balancing social security legal system is a long-term and arduous process, must step by step. Because of the special national conditions of China, at the present stage of economic development level, should establish independent legislation of rural social security system, and then gradually integration. Feasible scheme is that according to actual conditions, each region builds regional cohesion of the social security in urban and rural areas, which is based on the construction of the improvement of social security legal system. But in the specific social security projects, we believe, the first should be co-ordinated, and the difficulty is also relatively small is the minimum living security; and then is social insurance, including endowment insurance, medical insurance. Eventually set up the integration social security legislation of urban and rural.In the analysis the deep-seated reasons of dualistic structure social security legal system of urban and rural, proposed the establishment balancing social security legal system of urban and rural, to achieve the balancing we should make great efforts from the balancing of social security right, the concept of urban and rural, and social security legislation system. Urban and rural legal system has legal basis, economic and realistic foundation. Construction balancing social security legal system of urban and rural, first of all, should make clear the basic principles of legislation, including:principle of fairness, basic right safeguard principle, principle of rights and obligations corresponding.Based on the analysis of construction target and path, discusses respectively from the overall planning of urban and rural endowment insurance, medical insurance, minimum living security legal system perspective, and from the entire legal system perspective on how to realize the integration of urban and rural social security legal system. Implementation of urban and rural social security legal system, should first start from the lowest life guarantee legal system, should realize unification of lowest life guarantee legal system, at this stage, should focus on perfecting legal system of rural minimum living guarantee. In the endowment insurance law system, it should realize urban and rural connection, reasonable planning of endowment insurance law system, consummates the endowment insurance legislation, strict implementation of pension insurance laws and regulations, reforms Chinese authorities and institutions endowment insurance legal system. In the medical insurance legal system, it should realize the urban and rural connection and the urban and rural medical insurance system is focused on the improvement of rural medical security system. In the urban and rural minimum living guarantee, endowment insurance and medical insurance on the basis of the legal system, build urban and rural social security legal system. The realization of social security legal system in urban and rural areas as a whole should improve and perfect the legal system. The perfection of the judicial safeguard measures; the realization of social security law and other legal departments of the legislative content cohesion; perfect social security fund operation and supervision system; the international social security legislation.In the process of balancing urban and rural development, and pay attention to special vulnerable groups, including the landless peasants, peasant workers.Throughout this paper, the innovative points of this article can be summarized as the following two aspects:First, analyses China’s social security legal system in the round, put forward countermeasure proposal to construct the integrated social security legal system of urban and rural.The existing analysis and recommendations to social security legal system, mainly focused on part of the social security or the analysis of the "social insurance law", and research to the whole of the social security legal system is little. After promulgating of "social insurance law", combs and analyses problems of the existing legal. Only a "social insurance law" can not change the Chinese dualistic structure social security legal system of urban and rural, put forward the countermeasures to construct the integration social security legal system of urban and rural. Dualistic structure of urban and rural social security legal system is mainly embodied in the endowment insurance, medical insurance, and minimum living security system. Therefore, this paper puts forward to on the basis of construction of integrated urban and rural endowment insurance, medical insurance, minimum living security system the legal system, build urban and rural social security legal system.Second, attempt to use the methods of law and economics, analyzes the legal system of social security in China, and provide a theoretical basis for the system innovation.Through to analysis our country social security legal system construction and the overall economic development impact, obviously is, at this stage of China’s social security legal system is not perfect, it is no need to worry about the social security level is too high, at this stage the main energy should be focused on how to improve China’s social security legal system. Provide a theoretical basis for the establishment and improvement social security legal system of urban and rural.Shortcomings of the study can be summarized into two areas:one is this article is typical of selected developed and developing countries, conducted an analysis of its social security system run and will draw on the significance of analysis of the social security system and the lack of other countries; the other is in the design of integrated urban and rural social security system, there are many worthy of in-depth research and studies on the issue. Caught on the author, this article’s lack of overall analysis and in-depth. |
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