The Thingking Of Jurisprudence On Farmer Social Security

The right of social security is the needing commonly of human survival and development. Implement a duty-bound responsibility that the social security is considered as the modern country, and it should be the right to ensure the target that people enjoy the corresponding guarantee treatment in accordance with the law, it is a kind of unalienable rights to subsistence and rights to development. Enjoy the social security, it is the constitution that gives our country each citizen's right. Peasants should enjoy the right of social security naturally as the citizen of the republic.With the deepening constantly of reform and opening-up of our country, the especially rural social insurance of the social security undertaking has received the extensive concern. Respect, ensure and realize peasants' social security right, promote fairly with justice, it is the important content of harmonious social construction. Because the policy frame of structure of two yuan in urban and rural areas in our country but for a long time, peasants are pinched off to the edge of the society, having become the disadvantaged groups, the due right and share occupied fail to get fair embodiment in the society. Though the reforming to originate in the countryside overallly of our country, in the past 10 years, the paces of urban reform and development are obviously faster than the countryside. In the construction aspect of the social security system, have not set up peasant's most basic social security mechanism, rural social security in one family protection, land ensure and whom country relieve on being low-level still, it is unable to offer strong support for realization of rural economic and social development and agricultural modernization. We can say, it is fair, just that the disappearance of peasant's social security right has already influenced development and the society of the Chinese society seriously.And it is that the core which is built the state with an adequate legal system and society governed by law is required to ensure citizen's right. In the country that this people in the countryside of ours it is most to take, it is undoubtedly the question which can't be avoided in construction governed by law that the law of peasant's right is ensured. And the existence of peasant's social security right that we can say obtained practical guarantee of the national society, it is the important pillar of safeguarding the social stability and bringing about an advance in economy. So, under the historical backgrounds of the socialist harmonious society and new rural construction, fully consider the realistic characteristic of Chinese peasants, set up the complete one, new rural social security system in conformity with productivity and economic structure in our country, not only a question of involving the vital interests of this colony of peasants, but also but also concern the big problem of overall importance.Because of this, this text proceeds with summary of the basic problem of peasant's social security right, on the foundation that history in China's rural social security is being reviewed, appraised to the current situation, explored and thought to the existing problem, prove to Chinese peasants and obtain legitimacy, rationality and urgency of sufficient social security, in order to expect to cause the law circles to pay close attention to peasants' destiny and right extensively, let country and the society respect peasants' social security right further, ensure the realization of peasant's fundamental right.The article is divided into four parts and thought to the legal principle of the social security right of the peasants of our country that carries on the discussion.Part one It is a basic problem summary of peasant's social security right, introduce meaning and content of peasant's social security right briefly. Through reviewing deep changes two times of the rural social security system of our country after the foundation of the state, analyze because the influence of lagging behind relatively by social production and original two yuan social system, obtaining present peasants of our country has serious social security rights and interests to lack, thus establish the foundation for the argumentation hereinbelow.Part two Have described the legal principle foundation of the social security right of the peasants of our country emphatically. Through the analysis to peasant's social security right value and property, prove to peasants and enjoy the meaning that there should be that the right of social security is the social security, realize society's just essential requirement. This requires modern social security is not only an urbanite but also wants to offer the equal social security to rural resident, could reflect in this way social security is for the entire people, could reflect the right of social security as the fairness of the fundamental right.Part three Have expounded the current situation of the social security right of the peasants of our country. Point out the problem that the social security right of the peasants of our country exists at present combines the analysis reason, have pointed out the existence of the economic structure of two yuan, the capital source is insufficient, the omission of government's responsibility and out-of-balance reasons in many aspects of peasant's political right cause the disappearance of peasant's social security right.Part four Have expounded the fact that thinks deeply in countermeasure of peasant's social security right legal protection. The social security legislates to lack the disappearance which causes peasant's social security right; The social security system is not complete, cause peasants to be unable to enjoy relevant rights. Want, make peasant realize social security right, must legislate first-class odd take measures, at idea.