Research On The Legal System Of Minimum Living Security In Rural Area

The17th session of the Fifth Plenary Session of the Communist Party of China acted the "Twelfth Five-Year Plan"."Twelfth Five-Year Plan" pays more attention to protect and improve people’s livelihood, and pays more attention to the issue of social equity and justice, and pays more attention to how to make people have the dignity of a happy life. At the same time, we should also aware that there are still many important problems to be solved in many areas in our country. Some of these problems have even become a bottleneck restricting our further development.The right to existence is one of the fundamental rights of the citizen, and the right to minimum living security is the most basic right to life. Rural minimum living security right is a fundamental right enjoyed by rural residents, which is to protect the basic livelihood of the poor farmers. It reforms and develops the traditional relief system in rural areas. As a final safety net in China’s rural social security system, it plays an important role in improving the rural social security system, which can improve the living conditions of farmers, safeguard social fairness and justice, maintain stability in rural areas and promote rural economic development.Rural poverty to some extent related to the stability of society, the basic survival of the poor farmers is a major social problem to be solved. This paper seeks the effective way of solving the rural poverty and maintaining the social stability through perfecting the legal system of minimum living security in rural area. This paper is divided into four parts:In the first part, the author describes the basic theory, which is about the legal system of minimum living security in rural area. Firstly, the author describes the meaning and characteristics of the legal system of minimum living security in rural area. Then, the author argues that the legal basis of the legal system of minimum living security in rural area, including the theory of protecting basic rights of citizen, the theory of social solidarity and the theory of social fairness and justice. Finally, the authors described the necessity of improvement the legal system of minimum living security in rural area.In the second part, the author compares and investigates the legal system of minimum living security in rural area. The author describes the legal system of Germany, Japan and Brazil and India. The author analyzes the relevant legal system of these national, which provides the beneficial reference for the perfection of our country the legal system of minimum living security in rural area in the future.In the third part, the author analyzes the current situation and the main problems about the legal system of minimum living security in rural area. The author proposes five defects in the legal system of minimum living security in rural area, including the legislative level, security objects, security standards, security funds, supervision and management mechanism and liability, in order to lay the groundwork the improvement of the legal system of minimum living security in rural area.In the fourth part, the author explores the improvement of the legal system of minimum living security in rural area, proposing the series of recommendations. First of all, the author suggests that we should speed up the rural minimum living security regulations and formulate basic principles. Then, the author proposes suggestions for improvement specific system, including reasonable definition of security objects, scientific the security standards, wide protection financing channels, normal supervision and management mechanism, clear the legal responsibility.