Reserach On The Legal System Of Rural Medical Security In China

As one of the most important aspects of the rural social security system, rural medical security system, not only about the rural economy and the rapid development of Chinese economy, it was also about the improvement of the farmers’ quality of life and stability of the society as a whole. As China entered an aging society, pension, health care become hot issues of common concern to the social from all walks of life. In addition, our country is a typical agricultural country, it is the guarantee of our country farmers realize their citizenship is the powerful guarantee to realize the basic state policy, is the urgent requirement to promote the development of urban and rural harmonious and stable, is important guarantee to promote the development of the whole national economy.Comprehensively promote the new rural cooperative medical care system, is the party central committee and the state council to establish and perfect rural medical security. On October 29,2002, the party central committee and the state council issued the decision on further strengthening rural health work points out: "gradually establish a new type of rural cooperative medical care system. By 2010, the new rural cooperative medical care system to cover basic rural residents." Promulgated by the state council on April 7,2009, the recent focus on medical and health system reform implementation plan (2009-2011) "is put forward, the basic medical insurance system in China in three years will cover all the residents in urban and rural areas, at this point, the new rural cooperative medical ushered in the new stage of development. The decision on deepening reform of the party’s 18 rural health reform put forward a new system design.18 the third plenary session put forward, we must deepen the reform of the medical and health system, as a whole to promote health care, medical services, public health, drug supply, comprehensive regulatory system reform. How to from the perspective of institutional factors to explore the problems existing in the rural medical security, construct a clear structure and efficient operation of the rural medical security legal system, it is a new subject of a relationship to the national economy and people’s livelihood.At present, our country rural health-care legislation lags behind, the lack of a comprehensive "social security act" and the construction of specialized laws and regulations is also quite backward, low legislative level, imperfect legislation system, the construction of rural medical security system to form a chaos, legal supervision and implementation mechanism is weak, the lack of corresponding legal responsibility and sanctions, the medical insurance fund in a safe operating condition, and the legal system of rural medical security is not matched with other departments, to perfect rural medical security system. Rural medical security, lack of funds, the government’s funding of rural medical insurance not enough attention, especially the lack of the central government finances, adopt the principle of voluntary participation in rural medical insurance, the poorest rural residents are usually the people who need help the most, but due to lack of payment ability to medicare, collective disposable income decrease, can’t afford health insurance, funding sources becomes a big barrier for the construction of rural medical security, rural medical security to know there is a deviation, policymakers think farmers have granted by the state land use right and get the land security point of view is not entirely correct, and farmers to insufficient understanding of medical treatment insurance, health risk awareness is not strong, the idea of help each other in all aid is relatively weak, and no rural medical security act as guarantee, some farmers fear of policy changing, ginseng of lack of confidence. Rural medical security is restricted by the urban-rural dual structure, excessive income gap between urban and rural areas and unity of both medical service market and will continue for a period of time, causing a great test of rural medical security system.Although, at present, the domestic scholars in the book or article has never tongfang face of the new type of rural cooperative medical care system in China has carried on the comprehensive research, and achieved a lot of valuable research results, on how to perfect the new farming in China and put forward many valuable opinions. But books or articles subject to the above research purpose, thesis limits, etc., have failed to reach rural medical security system for research and system design, still cannot achieve complete build a perfect legal system of rural medical security research.Based on the operation of the rural medical security act as clue, using research methods of comparative analysis, the current rural medical security system of our country legal system level analysis, analysis of the system, combined with international experience to build and perfect rural medical security system in our country is proposed. This article mainly divides into four parts, the first part expounds the theoretical basis in the study of rural medical security system and historical evolution of rural medical security system and the basic framework; The second part points out the existing in current rural medical security system in our country, a series of problems, such as unreasonable allocation of health resources between urban and rural, rural cooperative medical insurance capital source shortage, rural medical security legal system is not perfect, the existing rural health system couldn’t meet the requirements for health care, new farming medical system design flaws, the incomplete and low status on the legislation system, rural medical security funds lack of effective regulation and the rural medical security program design is too cumbersome, etc.; The third part introduces the abroad about the rural medical security system and to our country’s enlightenment; The fourth part puts forward some Suggestions to perfect the rural medical security system in our country, such as strengthening the legislation of our country rural medical security system, special protection of vulnerable groups, optimizes the allocation of health resources, improve rural preventive health care system, emphasize the government responsibility, perfecting the financing system and intensify supervision and so on.