Research On Legal Issues Of Social Security For The Elderly In Rural Areas

The aging level of China's population is increasing year by year,and the problem of financial support and medical care for the elderly has long aroused widespread concern of the society.For the elderly in rural areas,due to the migration of the young adults in rural areas caused by urbanization and industrialization,the aging degree in rural areas is higher,the number of left-behind elderly people is increasing.In addition,the weakening of the traditional family old-age security function,the economic backwardness in rural areas,the lack of old-age infrastructure and other reasons make the elderly in rural areas fall into the dilemma of old-age care.Therefore,it is of great theoretical and practical significance to study the legal issues related to social security for the elderly in rural areas.In addition to the introduction,this paper is divided into five chapters to study this proposition.First of all,it is clearly pointed out that the elderly in rural areas refer to rural residents over 60 years of age who have not participated in the basic old-age insurance for urban workers.Compared with the elderly in urban areas,the elderly in rural areas has the characteristics of weak economic strength,unsatisfied living care needs,spiritual loneliness and so on.According to different perspectives,the elderly in rural areas can be divided into young and old people,the elderly in rural areas can be divided into younger aged and the advanced aged,the elderly left behind in rural areas and the elderly not left behind in rural areas,and the elderly in rural areas of different occupations.Due to the low level of social old-age security enjoyed by the elderly in rural areas and the weakening of family old-age security,it shows that the social security for the elderly in rural areas is necessary.Due to China's economic strength and the values of social fairness,social ties and social rights that should be provided for the aged,it shows that the social security for the aged in rural areas is feasible.Second,the current situation of China's rural elderly social security legal system has been sorted out,including social assistance,social insurance and social welfare.Among them,the social assistance system mainly includes the five guarantees system and the minimum living guarantee system,the social insurance system mainly includes the basic old-age insurance system and the basic medical insurance system for urban and rural residents,and the social welfare includes the old age allowance,service subsidy,nursing subsidy and the local status of social welfare policies.Third,it analyzes the problems existing in the legal system of social security for the elderly in rural areas of our country,among which the legal system of social assistance for theelderly in rural areas lacks compulsion and pertinence,is unfair between urban and rural areas,and has narrow targets for special social assistance.The legal system of social insurance for the elderly in rural areas has some problems,such as weak operability,low legislative level of basic old-age insurance and inability to realize mutual aid,low legislative level of basic medical insurance and defects in specific system design.There are some problems in the legal system of social welfare for the elderly in rural areas,such as lack of operability,lack of unified laws and regulations in the welfare subsidy system,and defects in the rural pension service system.Fourth,Germany,Japan,Britain and the United States,which have relatively perfect social security legal systems,are selected to analyze and compare the social security legal systems of the elderly in these four countries.The enlightenment is that legislation is the premise for the construction and improvement of the social security system.The social security for the elderly in rural areas cannot be separated from the support and leadership of the government and pays attention to the construction of a multi-level social security system.Fifth,the idea of perfecting the legal system of social security for the elderly in rural areas of China has been put forward.The first is that the legal system of social security for the elderly in rural areas of our country should follow the principles of precise social security and the implementation of economic support and medical care for the elderly.The second is to improve the legislative level of the social assistance law,determine the content of the social assistance law,and separate the minimum living allowance system from other special assistance systems in order to improve the legal system of social assistance for the elderly in rural areas of our country.The third is to improve the legislative level of social insurance,establish an exemption system for residents' old-age social insurance contributions,and establish a sound long-term care insurance system for the elderly in rural areas,improve basic pension benefits and government subsidy system,so as to perfect the legal system of social insurance for the rural elderly in our country.The fourth is to optimize the social welfare system for the elderly in rural areas as a whole and gradually establish a service system for the elderly in rural areas so as to improve the legal system for the social welfare of the elderly in rural areas in China.