The Absence Of The Legal System Of China's Rural Social Security And Countermeasures

Rural area social security is an important part of China's social security system.However,as a result of China's long-standing dual social and economic structure and many other factors,the establishment of rural area social security has been on the verge of our social security and facing with a lot of difficulties.Rural area social security system has not played the role of "the safety net","the shock absorber" and "the reservoir" for our society.We are lack of legal regulations of rural area social security,and the problem of low-level legislation,the not-perfect law system and the lagging-behind legislation is highlight.By analyzing the basic points and the evolution of rural area social security law system,I want to sum up the problems and reasons for the rural area social security law.Based on analyzing the basic theory and the actual situation of China's rural areas,I point out that the best way is to found the rural area social security law. Using the method of historical analysis and the method of system ensemble analysis and comparison,I want to locate the legislation pattern and the level of the current overall rural area social security law and make preliminary idea of the rules of rural area social security law.This thesis consists of five parts.The first part is about the background and the meaning of the main research and points out the problems and the practical significance of the study on current legal system of rural area social security.The second part comprehends and explains the fundamental problems of the establishment of rural area social security.The fundamental problems including the concepts of social security law and rural area social security law and the identification of the nature of rural area social security law and the characters of the law relationship.The third part concludes the importance of establishment of rural area social security law.By study on the evolution of rural area social security law of new China,point out that the traditional rural area social security has weakened.And points out the insufficiencies of functional and legislation of China's current rural area social security.I make it clear that the root is lack of the mechanism of fund raising and the not-perfect legislation.I conclude that we must speed up the process of China's modern rural area Social Security legislation.The fourth part focus on the establishment of rural area social security law by analyzing the human-rights protection and the social association theory,I point out the theoretical basis of the legislation of rural area social security law.Combined with the general rules of the establishment of foreign rural area social security law and beginning from the restriction factors of legislation pattern,I locate the selection of urban and rural dual social security legislation mode.Then design the level of legislation. Finally,break the current contents framework,enrich and improve the contents for the future,including establishing rural unemployment insurance and maternity insurance system.The final conclusion reiterates the view of this thesis,points out the importance of the establishment of modern rural area social security legal systems.China's social security must bc implemented under the dualization legislation pattern above.With the urban social security legal system construction synchronization,the construction of the current rural area social security legislation must bc systematically and gradually forward to a high level of the social security system.