Analyses On The Construction Of The Legal System Of Social Security For Aging In The Countryside Of China

This thesis mainly probes into the establishment of the theory of the legal system of social security for aging in the countryside, including the tropism of the legal culture's value and it's mechanism, the legal system's fundamental principles, it's legislative basis, the state's obligations and their causes. The author mainly analyzes these subjects by historical, cross-disciplinary and cross-culture approaches.The first part simply describes the legislative causes for the lack of social security for aging in the countryside: the legislation hasn't guaranteed the peasants'right of social security for aging. The second part mainly focuses on the culture root for the lack of the system. Through analysis of basic theories of legal culture, the author shows that legal culture internally dominates its legal system's vitality. Along this thread, the author develops the illustration about the impacts of the occidental and oriental legal cultures on their legal systems respect by historical, cross-disciplinary and cross-culture approaches. In the occidental society where families are separate from the nation, the individual's principal status is respected; the law's objective is to seek justice, therefore comes out the right-centered private legal culture, which serves the society's economy. In traditional China the legal culture seeks the harmony of the society's order, the individual's principal status is not respected, thus comes out the obligation-centered legal culture which serves the society's polity. Under the domination of different legal cultures, arise the different system arrangements for aging in the occidental and oriental societies. For the stability of the legal culture, the traditional legal culture still is influential to our present establishment of legal systems.By analyzing the contradiction between the policies of family plan and family support for the aged and the changes of the family economic foundation, the needs of the revolutionary of the land system, the author illuminates that the construction of the legal system of social security for aging in the countryside is not only necessary but also urgent.The construction of the system must have express legislative basis. The author clarifies that social security for aging in rural areas is peasants'right not the nations bestow by analyzing the theory of social security. From the aspect of the international law and constitutional law, the right of social security for aging in the countryside is...