Study On Legislation For Our Country's New-type Rural Cooperative Medical Service

The new-type Rural Cooperation Medical service is one important part of our country's social security law. Legislation for New-type Rural Cooperative Medical service is one important aspect of building the XiaoKang society, creating harmony between city and rural area, resolving "San-Nong" problem and has important theoretical and experimental meaning.The thesis uses the methodologies of historical analysis, comparative analysis and logical analysis to explore the construction of the new-type Rural Cooperative Medical service. The article is divided into four parts.The first part is the research about legal qualitative of the New-type Rural Cooperative Medical service .In this section, at first, through comparing and analysising the present legislation, exiting document and academic articles which about the several kinds of definitions of the New-type Rural Cooperative Medical service, it elaborates the author's oppion of the definition of the New-type Rural Cooperative Medical service, namely, it is a kind of mutual aided system organized, guided and backed by the governments. It is based on mutual voluntary participation of local people and diverse financial sources from individuals, collectives and the government. County hospital ,township health centre and the village clinics consist the three level medical establishments which provide the primary medical service, the higher authority medical establishment provide the extension examines, unifies the common disease and the serious illness to carry on the overall plan ,it's an medical behavior aids cooperative altogether. Next, this text inspects the formation and the evolution history of the New-type Rural Cooperative Medical service, compares the difference between New-type Cooperative Medical service and old Cooperative Medical service. At the end, analyzes the legal nature of the New-type Rural Cooperative Medical service, draw the conclusion, the New-type Rural Cooperative Medical service belongs to one kind of social health insurance.The second part has discussed the present legislation situation and the subject problem that New-type Rural Cooperative Medical system exists. Firstly this part analyzes the brief account about the present legislation situation of the New-type Rural Cooperative Medical service, secondly this text analyzes the subject problem about legislation of the New-type Rural Cooperative Medical system exists, mainly includes the legislative effection is low, the legislative principle is very rigid. The main participators whichJoin in the New-type Rural Cooperative Medical service is not comprehensive; the allocation of target to guard the serious illness is improper; about the fund of the New-type Rural Cooperative Medical service, it's collecting, using and supervising system is unreasonable and it's legal liability also exists defections.The third part elaborates the legislation pattern of our country's New-type Rural Cooperative Medical service. In the section the author reference the other country's Rural Cooperative Medical service legislation pattern, and then has discussed the legislation pattern which our country's Rural Cooperative Medical service should adopt, namely, the New-type Rural Cooperative Medical system legislation should form a unified legislation system; the legislation level of the New-type Rural Cooperative Medical service should be multi-level.The forth part is legislation research in improving the New-type Rural Cooperative Medical service. In this part the author proposes the legal principle that the rural new-type cooperative medical system should adopt, it includes the principle of financial support of the government combine with collecting in many ways; Principle of the government's unification management and the rural inhabitant participates in the management together; Principle of the rights and the obligations coordinates; principle which fair and gives dual attention to the efficiency; Principle of the safeguard level and the rural economy development level adapts. In this foundation, it discusses the legal institution creation of the New-type Rural Cooperative Medical system, and considers the legislation of the New-type Rural Cooperative Medical system should include the main content as follows:It's one, the definition and objection of the New-type Rural Cooperative Medical system; It's two, the management structure of New-type Rural Cooperative Medical system, namely, New-type Rural Cooperative Medical service coordination leading groups should establish in the province, the city ,the county and which should compose of the health, the finance, the agriculture, the civil administration and society guarantee, simultaneously, the New-type Rural Cooperative Medical service committee management should be set up in the province ,the city ,and the county. The city basic insurance medical service organization is responsible for the New-type Rural Cooperative Medical service's routine work; In villages and towns, it should establish corresponding administrative organization; It's three ,the rights and obligations of the participants who take part in the New-type Rural Cooperative Medical system when being sick ,the participants can enjoy the right of accepting the medical service ,Namely can go to see a doctor in the fixed medical service, obtain the right of accepting disease compensation ,put forward the criticism and suggestion to the medical service unit and so on . And it's obligation mainly includes paying the medical fund, observing the obligation of participating and the withdrawal mechanism.It's four ,the medical service organization's right and duty, it's mainly right is to enjoy that the government has improved operating condition by regular investment ,requesting the management establishment pay the drug expense according to the correlation stipulation . And it's duty include providing the medical service for the disaster ,And the medical service body have to supply service and can not refuse ,accept the supervision of the medical service agency ,the audit organization ,the populace carry on; It's five, the fund collection, using, supervising and managing of the Rural New-type Cooperative Medical service; It's six, legal liability.