The New Rural Cooperative Medical System Legal Problem Research

The word of social security derives from the end of19th century in European,at first with the development of the industrial society together. Since the reform and open policy, our country’s economic career has achieved remarkable achievements, social security as a harmonious social resources, to safeguard the social balance system, social security and economic development will be combined, and through one of the basic old-age pension, basic medical treatment, industrial injury, unemployment, birth five big insurance system, so as to better safeguard society the interests of vulnerable groups, reduce the gap between rich and poor, promote the development of harmonious society. In the social security system under the background of institutionalization, basic medical insurance system also get the continuously development.On1July2011,"the law of the People’s Republic of social insurance" law enforcement official start, since the implementation of social insurance system, although in practice it made many great success, but there has been not a special law to safeguard the social insurance system implementation, this law of our country’s released the results of further perfect, more important is for the future development of the social insurance system, provides a more favorable legal basis. Social insurance law will clear provisions of the basic medical insurance for one of the five social insurance, and established the basic medical insurance and the important role of the nature, better maintain the urban and rural residents to participate in social insurance, enjoy social insurance of basic rights and interests, to establish the harmonious society’s basic medical system and even social insurance system played a landmark role.The new rural cooperative medical care system since2003to2010officially gradually realize cover the country rural residents, the practice of all sorts of difficulties experienced the process, also made a very proud of the achievements, but in the process of implementing which is the basis of the laws and regulations is limited to2002"the CPC central committee and the state council on further strengthening rural health work", decision of the state council on forwarding, ministry of health and other department "about establishing the new rural cooperative medical care system opinion" and so on several of the policy laws and regulations, and not in the basic law gives the new rural cooperative medical system legal status, and made the system does not have the most powerful legal weapon as a support, and lead to practice in the process of the security not perfect and carry out does not reach the designated position."Social insurance law stipulated in article24:" the state to establish and perfect the new rural cooperative medical system. The new rural cooperative medical management shall be formulated by the state council".This is from the law clearly define the new rural cooperative medical system, but the specific measures for the administration of the state council or to the laws and regulations, migrant workers migrant workers to have is the trend of The Times, the corresponding social security measures also should catch up with the, the author hope in the rapid economic development, urban and rural further combined with at the same time, come on stage more perfect specific legal guarantee that farmers’ legal rights, solve the problem of high difficulty ", make the new rural cooperative medical treatment is not just a noun, but earnest effort that common people benefit legal system.In this article, firstly write about the paper research background and significance, next to introduce the new rural medical cooperative system present situation, talk about rural medical system abroad analysis and experience for reference, then from the two aspects of the implementation of the system and reality to the analysis of the existing problems, and pointed out that now in trouble, finally perfect the new rural cooperative medical system legal thinking.