Study On The Improvement Of Legal Guarantee System For Rural Five-guarantee Group

Since the founding of the PRC in 1949,social security has been establishing gradually as a nation-based public welfare system. However, people on the five-guarantee programs live at the bottom of society ladder without the legal provider, labour capacity or source of income and become the basic beneficiaries of social security, which initiated the essential starting point for the development of social security system. In the past few decades, on the basis of economic growth, the coverage of social security programs continues to expand, and its connotation and extension keep being enlarged, which formed the social security system consisted of social insurance, social salvation, social welfare and social special care. But, the constructing of rural five-guarantee supply mechanism has laged far behind, which already became a weak link of our social security system and an obstacle to rural social stability and new countryside construction.As a prior type of social assistance system in the development of Chinese rural social security, Rural five-guarantee supply system bears on realization of constitution powers of rural five-guaranteed group as the lowest class, such as right to subsistence and right to material assistance. The realization of their basic living security is one of the important issues in building a harmonious socialist society and building a new socialist countryside. Adhering to the basic socialist economic system with the public ownership remaining dominant, we should build social security system combining with the basic system of socialism, strengthen rural five-guarantee work, carry out the regulation function and redistribution function of social security, ensure the right to social security of rural five-guaranteed group, such as the right to free from hunger, the right to housing security and the right to basic medical security, which is the inevitable requirement for achieving fairness, justice and stability in the whole society, and seeking a way to achieve all-around, people-oriented, harmonious and sustainable development. At present, as the basic beneficiaries of social security programs, rural five-guaranteed group deserves our attentions on their living condition and the implementing of"fundamental fairness".The empirical approach was applied in this dissertation. The living condition of the rural five-guaranteed group and the status of rural five-guarantee work was revealed impersonally by questionnaire surveying and depth interviewing to 556 five-guaranteed people taken at random from Linxi in Shangdong, Xinxiang in Henan, Changde in Hunan, Wanzhou in Chongqing and Eerduosi in inner Mongoliar. The author found out that the supply modes and supply materials are unitary, and the supply standard is on the low side, and the selection of the beneficiaries is nonstandard, and the policy is not transparent enough, and the application system and censorship is imperfect, and it was not integrated with rural cooperative medical care system smoothly,etc. In addition, the author probed into the impact on the living condition of rural five-guaranteed group by traditional view, local custom, family factors, the reform of rural taxes and administrative charges, censorship, economic development, the construction of correlative public servant and law enforcement, from the viewpoint of history, system, reality and law execution. Furthermore, following the principles of centering around giving consideration to both efficiency and fairness, combining concentrated and scattered support forms according to the circumstance, developing the material and service security evenly, the author proposed the concept of improving the legal system for rural five-guarantee support, and expatiated on the ways to accomplish the legalization and standardization of five-guarantee work.