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Study On Legal Problems Of The Disabled People's Social Security In The Chinese Countryside

Posted on:2012-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhongFull Text:PDF
GTID:2166330335956276Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There are about 500,000,000 million disabled people in the whole world. The number has taken up 10% of the total population. It is impossible to safeguard those disabled people without the support of the state, society, families and individuals. China, as a country with the largest number of population in the world, it also has the largest number of disabled persons. Up to 2006, the total number of disabled people has been 82.96 million, which shockingly took up 6.34% of the total population.As an essential part of a complete social security system, the Social security of disabled people as well as its foundation, further improvement will not only have benefits for the disabled, but also will bring far-reaching impacts on the development of state politics, economy, culture. Ensuring the legal security will interpret the responsibility of a country, meanwhile, the legal security of one society is also an important symbol which could measure the social civilization and progress.China is a large agriculture country; more than 50% populations live in the countryside. Up to 2006, the total number of disabled people in Chinese countryside has been 62,250,000, which takes up 3/4 of all disabled people in the whole country. Due to the long prevailing economy of duality, social and economic development level in urban and rural area is serious unbalanced; most notably, the social security becomes the most serious problem. Under this kind of background, the social security level of disabled person living in countryside is not only lower than the urban social security level, but also lower than the average rural social security level. The countryside disabled person becomes the minority group. Therefore, how to improve the level of social security for the countryside disabled people will not only affect their right of existence and development, but also affect the economic development and social stability in Chinese rural areas.This paper consists of five parts: The first part is introduction. The paper's research background and study value, current situation in China and abroad, and innovation of the paper are mainly introduced in this chapter. It's very meaningful both in academic and practical aspects to study about social security for disabled people in countryside since China has a great number of disabled people in countryside who have less access to enjoy social security, and there's a limited research on it in China at present. By comparison on social security for disabled people in China and abroad, the biggest difference can be found that China is not so sufficient in legal system construction on social security for disabled people. The paper mentions that, units, which are capable of settling down disabled people but refuse to, or unable to reach the minimum accepting proportion, will have to pay double the amount of job security deposit. On the contrary, if the units reach the proportion of arranging job for the disabled, they'll be given the privilege of tax relief. By the legal and economic means, enterprises can be more willing to accept disabled people for work; Local government should build urban and rural welfare enterprises according to proportion of local disabled people in urban and rural areas, or arrange job for the disabled who are suitable, so as to change the condition of few welfare enterprises in countryside and to solve the problem of low employment rate of rural disabled people in welfare enterprises, which is very innovative.The second part talks about some basic problems of social security for rural disabled people. In this chapter, some basic theories are firstly demonstrated about social security for rural disabled people:The following part talks about some characteristics of social security for rural disabled people:bad living condition, low assistance rate from society, low level of educational security and rehabilitation security, poor quality of employment guarantee, low proportion of attending endowment insurance etc. Meanwhile, contents of social security for rural disabled people are also introduced, which should include aspects of employment, living, education, health care and rehabilitation, and value analysis on social security is undertaken from aspects of human rights, justice, law and ethics etc.The third part is analysis on historic development and current condition of social security for disabled people. This chapter reviews the developing periods of China's social security for disabled people. Through analysis on current conditions of living, employment, education and health care, several problems are found to exist in practice: rural disabled people are more inclined to get into poverty, with low assistance rate; pension scheme is a concern; poverty relief fund is limited; effects of special education guarantee are not good; differences between urban and rural areas; lack of public service etc. Social security for rural disabled people still has great gap between society's average level and the need of disabled people, so it's hardly enough to satisfy them.The fourth part talks about the experience of other countries on social security for disabled people, and their instructive meaning for us. This chapter mainly introduces the successful experience of other countries and regions on rural area's pension scheme, medical care, assistance, welfare and rehabilitation, according to which some theoretical and practical basis are summarized and provided for the construction and improvement of social security system for rural disabled people.Part Five are legal countermeasures about improving the social security for rural disability. By analyzing the status quo of China's social security for rural disability and drawing upon the measures of other countries, the author thinks the priority is to perfect the legal system hereof. It means a complete set of parallel laws under the guidance of Constitution, with their related terms, including Social Security Act, Social Assistance Law, Medicare Law, social welfare legislation. For instance, Social Security Act could incorporate farmers endowment insurance regulations, social welfare legislation may include security law for disability which may contain regulations on education and rehabilitation for disabled people, acting everything in accordance with laws; In addition, social security for rural disabled people should be incorporate into general social security system and special social security system for disability, benefiting rural disabled people by improving both systems. Besides, based on the status quo of China, rural disabled people might be provided some advantageous policies different from that of urban disabled people, such as investing more money for special education of rural area, strengthening employment security, and gradually realizing the generalization of social security for disability both in urban and rural areas, but not establishing special laws for rural disabled people.
Keywords/Search Tags:countryside disabled people, social security, legal countermeasures
PDF Full Text Request
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