Study On The Rural Legal System Of Resident's Minimum Living Guarantee Of Gansu Province

At present, rural social security problem is the hot spot one that the general public shows solicitude for. Judging from legal system building level, as the basic social security system in rural areas, reveal all the details of rural residents security system, exist problems of legislate lag behind, level low, form conspicuous problem such as being in disorder for a long time. They have already restrained it from surviving together finally as poor peasants "the line of defense" function is given full play to. To solve the rural poor's basic survival issues, maintain social stability, the rural resident's minimum living security system rose to the legal level is an effective way. National action plan of human rights (2009—2010) is clearly advancing the Rural resident's minimum living guarantee regulations, setting the legislative goals of national legislation has become an inevitable trend. This article bases the Gansu Province reality; put forward the proposal through the theory explanation and the empirical analysis to the rural resident's minimum living security system local legislation in Gansu Province.The full text is divided into six parts together. Part one it is the foreword. Have pointed out the current situation of the development of the rural resident's minimum living security system of our country and the realistic meanings of the legislative trend of country, rural legal system of low insurance of Gansu Province of research; summed up to the foreign scholar at the same time in the poor concept, the society succors target's legal requirement that works, to sanction method and tax revenue which the succor target not abiding by the regulations adopted, social security, research results and domestic scholar on problems such as compulsory education and poor role in disparity of income distribution of regulation and control instead,etc. succor the international comparison of the system in the rural society, development of the system of low insurance, develop and look into the distance, research current situation in respects such as forming and the idea frames and policy recommendations of theoretical foundation, rural social security system of our country of the legal system of two-dimension social security structure,etc.Part two through combing and comparison of the domestic and international rural resident's minimum living security system (the society succors system), sum up the meaning of the rural system of low insurance and main characteristic, have proposed Marx, Engel's about expounding the fact, the theoretical foundations of five rural systems of low insurance such as the theory that human rights ensures the theory, public service in urban and rural areas and melts equally.Part three succor the system after enumerating main and national societies such as Britain, Germany, U.S.A, etc, have obtained some beneficial enlightenment from the comparison of the system of foreign countries. Thought and system that administer poor according to the simple one of ancient times, the modern Chinese society relieves the order that the system, rural society of new China succors the system and succors the developing history of the system to comb to the society of our country. Introduced the practice course that Gansu Province sets up the rural resident's minimum living security system briefly finally.Part four proceed with rural poor current situation of Gansu Province analyze, should save rural resident minimum living security system store in legislative location steps low, system coverage little ensuring fund input to be insufficient affording to migrate to area and nationality. Gansu Province Dingxi Prefecture rural low insurance system operation current situation typical case that real example analyzes, have confirmed the case study described above effectively. Have put forward the necessity of the rural legal system of resident's minimum living guarantee of Gansu Province and realistic feasibility of fund supplying under this background with, organizational management of constructing.Part five construct the subject content of the rural legal system of resident's minimum living guarantee of Gansu Province specifically. In the principle of legislating to propose government's voluntary principle in principle, generally ensure the principle, equal and ensure principle, immigrant's and ethnic minority area's legislating to slope; have adopted the legislative mode of the pool in urban and rural areas and analyzed the reason; point out the calamity should list to cause poor disadvantaged groups, social rural disadvantaged groups, the outlying group of rural low insurance, special safeguard colony in the target of ensuring; combine and ensure the standard daily theory to calculate the practice method that the method and typical area ensure the standard to confirm, ensure standard definite basis and method after putting forward Gansu Province, combine the statistics and can determine the rural low insurance standard as standard 40%-50% of urban low insurance temporarily to obtain Gansu Province, the guarantee standard to special crowds such as the elderly, disabled person etc. It can be by going up appropriately, and raise the conclusion of the proportion in right time; in ensuring the collecting of the fund, insisting on raising funds the foundation of the principle through many channels, have put forward the suggestion on the support measure that can be taken on the relevant laws, policy of the country; relieve some in the right to ensure the target, Participate in national intensity enough for, administrative reconsideration of political life from peasant, administrative litigation existing problem analyze, have put forward relevant suggestions; bore it partly in legal liability finally, put forward the economic punishment efforts which ensures the target of improving, place falsely claim as one's own amount of money 1 more than 5 under fine and strengthen legislation of legal liability to ensure organization propose. Part six summarize for the full text. Have reviewed the main legislation herein and proposed, combine the present legislative background, have explained the problem that may exist in the design of the legal system.