Study Of The Legal System Of Rural Cooperative Medical Insurance

Rural Cooperation of health Insurance is one important part of Chinese social insurance system. Under the long lasting impact of the "city center" doctrine and "the agriculture for industry" thought, RCHI experienced a flow from prosperity to decline for lack of investment and institutional creation. Because of the lack of RCHI, many peasants are set up to adopt a cycle of "postponing small illness, delaying big illness, falling in poorness for illness returning poorness for illness". Founding the reality, to construct a new RCHI is one important aspect of building the XiaoKang society, creating harmony between city and rural area, resolving "San-Nong" problems, and has important theoretical and experimental meanings.This thesis use the methodologies of historical analysis, comparative analysis and logical analysis to explore the construction of RCHI The thesis has forty thousand words which consists of three main parts besides the preface and the conclusion.The first part is the general introduction of RCHI. First, this part introduces the history of RCHI analyzes the three periods of RCHI history and concludes that RCHI will healthily develop under a policy of state support, institutional borrowing and legal support in the two center society .then it goes to analyze the nature, features and forms of RCHI As to the nature, writer criticize the traditional social insurance doctrine which mixes substantial features and insubstantial features, concluding that the universal adoptability and right-obligation equity are the substantial features of RCHI to distinguish RCHI from the other content of social medical security, and the compulsory or volunteer is insubstantial features that selected by different social conditions, therefore, the nature of RCHI is social medical insurance. As to features, writer makes a list of main insubstantial features of RCHI and exposes the rule of continuous variety and development of them. As to form, writer generalize the main forms of RCHI nowadays, while assessing the advantages and disadvantages ofthem.The second part compares Rural Social health Insurance of mainland china and other areas or countries. This part uses a comparative method and get into a wider perspective to borrow some experiences. As to the other RSHI, The writer selects the RSHI in Japan and Chinese Taiwan, which both are unified city-rural social health insurance, some experiences which are worthy of borrowing are exposed .In the same time, writer proposes the Japanese unified city-rural double social health insurance system which composed of salary earning of "employee health insurance" and non-salary earning of "national health insurance" is not most feasible model for the Chinese main land to build a unified city-rural social health insurance system in future. The Taiwan unified city-rural single social health insurance which includes salary earning and non-salary earning is. Then, comparing RCHI with the city worker health insurance, some experiences can be drawn to speed the building of RCHI and some related questions are analyzed between RCHI and CWHI.The third part discusses the legal institution creation of RCHI. First, the necessity of legislation and its legislative level and form are illustrated. Then is the basic principals of the legislation of RCHI. The last is the detail content of RCHI composed by the writer.