Study On The Legislation For China's Rural Social Security System

In the past twenty years since the implement of the reform and opening-up policy, the social security systems with Chinese characteristics, which involves basic endowment insurance system, basic medical insurance system, unemployment insurance system and subsistence allowances system for urban working people, have been established step by step according to the request of socialist market economy. The fundamental framework of the new urban social security system has been formed initially, which has laid a foundation for the establishment of a unified, normative and perfect social security system. But it should be kept clearly that the reform of social security system has been carried out mainly in the urban areas, and the construction of rural social security system, which is an important component of the whole social security system of China, has been lagged seriously. The all-round and coordinated development of the whole society has been limited greatly for the above reason. Deepening the research on the rural security system presents a great practical significance on solving "San Nong" (agriculture, rural areas and farmers) problem, building harmonious society and constructing new socialist countryside.At the present stage, the Rural Social Insurance System has only depended on the national policies but not on the law. Therefore, the less mandatory of policies lead to the separation between the "natural right" and the "practical right". Mostly incarnate at: First, the legislation level is not enough. The special rural social security law formulated by the National People's Congress and the Standing Committee has not come into being. The administrative regulations relative to rural social security, which is under implement, are mainly worked out by the State Council, ministries and commissions, and local governments. Second, the legislation system is not complete for the lack of laws and regulations in many areas. Finally, the laws and regulations can't be executed efficiently.The rural social securities have been neglected for a long time, which in fact is a failure of the reform for Chinese Social Security System. In this paper, the first part has analyzed the necessity of the establishment of the Social Security System in the rural areas. In the second part, some introductions and analyses have been raised, which is concerned with the evolvement, the existing problems and the confronting challenges of the Rural Social Security System. In the mean time, the defect of the existing system has been analyzed acutely. Then this paper discusses the main responsibilities of the government in the process of the building up the Rural Social Security System. Finally, the legislation principle of the Rural Social Security System is demonstrated, and how to set up the basic law system about the Rural Social Security System is discussed.