Research On Legal System Of Rural Social Security In China

There will be a lot of unprecedented problems and difficulties in the process of setting up the modern system of social security for a large amount of peasants without fixed income. But the work has to be done because the system of rural social security guarantees the stability and development of the rural society that is the base of the whole social stability and development. There are many important meanings to set up the system of social security in the countryside and the rural social security system is the important part of the system of social security. However, it has already proved that without legal system of the social security, there is no sound and complete social security .The rural social security must be defined down in the form of law too. So the study on relevant theoretical issues of the legal system of rural social security is greatly meaningful. This thesis divides into four parts.The first part is about the jurisprudential analysis of the necessity of establishing the legal system of rural social security. First of all, it describes the relationship between the right of social security and human rights, analyses the characteristics of the right of social security. A point is brought about that the right of social security that originates from human rights and exist right is an essential fundamental right of the citizen's. The government is obligated to establish the relevant law to ensure this right. Then, it analyses the essence of the social security law, which can be described as follows: social security law is to protect exist right and to protect the right of social weak group. Meanwhile, it describes the fragility of the work right of the peasants which results in the damage of the value of exist right and depicts the fact that the poor peasants and peasant workers are regarded as the weak group. Therefore, the peasant not only has the right to obtain social security, but also should be given a priority. And then, after discussing the orientation of social security law: Safety and justice, it suggests that the subject of social security system must include the peasants. At last, it expounds that the principle of rule by law requires setting up the legal system of rural social security. The second part describes the historical process of the rural social security and analyses the present conditions of the rural social security. It argues that most items executed in rural area are not lined with the features of modern social society. Either rural endowment system or medical insurance system is one that is executed for those who live in the same community. Neither is put into effect in form of law, is nor enforced by government in the whole country. Then it sizes up the drawbacks of existing rural social security as follows: Its level is low and the coverage is narrow; The management is in disorder, not scientific and regular; Due to the shortage of the legal protection for the operation of social security funds, it is hard to guarantee value preserving and appreciation of the funds; The rural social security is developed unevenly.The third part clarifies several conflicting views about the establishment of the rural social security. First, it describes that the functions of the government presently should include: accelerating the legislation to offer the legal guarantee for the healthy development of rural social security; organizing, guiding to drive the process of the setting-up of the system of the rural security; Offering proper financial support for setting-up and development of the rural social security; Strengthening the management and supervision to make the rural social security managed and included in the track of regulation. Second, it explores the relationship between agricultural land and rural social security. After making clear-up definitions of several kinds of views, it forms a conclusion that the land security will play an important role in the countryside in a quite long time, but we must coordinate the contradiction of fairness and efficiency a...