Legal Contemplation On Social Security Of Fisher

The word "She Hui Bao Zhang"comes from "social security"in English, and it can be translated as "She Hui An Quan",too . The social security system is defined as the system under which the government and the society, in order to maintain economic development and social stability, grants material assistance to citizens who are old, sick, disabled, unemployed, or who encounter disasters or face living difficulties so as to secure their basic living necessities. Since the foundation of the PRC, the state has established a series of social security system, which have been playing an important role in ensuring all social members to obtain the basic living materials, improving people's living standards, developing economy and stabilizing the society. However, the long-standing policy mode of "separate administration for towns and countries, different policies in a county" brings about the formation of the unequal bodies of right, the fishers and country residents and the town residents, which brings great challenge to the social security. For quite a long time, we have equaled fishers to farmers, and regarded them as a part of the farmers. So, regardless of their difference, we treat them in the same way. As a matter of fact, they have great differences in living environments and working conditions, and fishers have the characteristics that are similar but not equal to the town residents. Therefore, in designing the social security system of China, We should separate the fishers from the farmers to analyze and design them separately. In this way, there is the practical signification in discussing the fishers' the rights of social security and the system construction.In accordance with the above-mentioned backgrounds, this thesis analyses the social security problem of the fishers from three aspects. In Chapter One, the thesis reviews and analyses the history and the current situation of the basic living security of the fishers. With the particular comparison of the fishers and the town residents, the fishers and the individual businessman in towns, and the fishers and farmers, the thesis concludes the characteristics of the fishers that they are different from the town residents and the farmers. On this basis, the thesis analyses the problems existing in the social security system of fishers and the reasons therein, and then points out that the fishers need the social security urgently. In Chapter Two, the thesis analyses, from the legal angle, the deficiency of the social security system of fishers. with the study of the principle provisions of the social security in the Constitution of PRC and its practice in the society, and the study of the macroscopical legal environment brought by the long-standing duality social structure, this thesis makes out the institutional and the traditional viewpoint reason of the deficiency of the right of the social security of fishers. In Chapter Three, based on the afore-mentioned two chapters, the thesis projects the construction of the social security system, and suggests forming the frame of the fishers social security system based on the combination of social security, collective mutual security and commercial insurance of fishers to realize the fishers' social security, so as to maintain the legal interests of the fishers.