Research On The Legal Problems Of The Rural Social Security System In China

Social security system is one indispensable part of the socialistic economic and legal system. In China, the rural population accounts for more than 60% of the total population. So whether the social security measures carried out in the rural areas are successful or not would lead the whole social security works to success or failure. At the same time, the further development of China is now facing the disadvantageous problems including that the town and the country are becoming more and more different, and the income's difference between the citizen and peasants is enlarged more and more, etc. These situations of our country make us pay more attention to the rural social security system from now on. The practice of the various countries all indicated that to establish a unified social security system we ought to build up a compelling legislation system. At present not only the social security legislation specially in rural areas, but also the relative legal research is quite fall behind the ones of urban areas. Therefore, to research on the legal problems of the rural social security system in China completely, systematically, and thoroughly is extremely urgent.The legal problems are the masterstroke of this research paper. These research methods are used, such as historical review, comparative analyze, logic analyze, and value analyze. First of all, the develop history of the rural social security and the comparative research on the situations at present both domestic and foreign is discussed. Then the independence, basic principle and the legal relationship of rights and obligations of rural social security law are concluded based on principle theories of the social security law. And then the problems of the rural social security of China in both legislation aspect and practice aspect are analyzed, including the limitations of the legislation system and legislation mode. Besides, these legal problems are also researched about the new-type cooperate medical treatment, the social endowment insurance and the five particular social welfare in the rural areas in China. As a conclusion, a series of suggestions about the rural social security in China under the law sight are provided in this article, including that: the complete legislation system, the law of protection about the farmers' rights and interests, the law of public relief against the rural disasters. And improved methods are provided, which make the new-type cooperative medical treatment law together with the medical public relief law, the social endowment insurance law together with the five particular social welfare law, and also other laws work together cooperatively in the rural areas in China.