我國農村社會保障法律制度研究

Abstract

After decades of reform and opening up, Under the guidance of the socialist market economy, China's social security system has achieved tremendous results, and a set of urban social security systems with Chinese characteristics has basically taken shape.

It includes the minimum living security of urban residents as well as basic old-age insurance, basic medical insurance, unemployment insurance and other aspects. It can be said that the current urban social security system in China has been improved. However, we must face up to the fact that in recent decades, the social security system reform in our country has mostly been carried out around towns and cities, thus ignoring the protection of rural residents, resulting in the construction of social security system in rural areas of our country lagging behind the urban social security system. The construction of the rural social security system is one of the key contents of China's social security system. It is not only an urgent requirement for realizing the sustainable development of China's rural market economy and society, but also an important prerequisite for building a moderately prosperous society in an all-round way. It is of great significance to promote social harmony, promote rural economic development and realize the overall progress of our society. Based on the current state of our country's development, the construction level of the rural social security system in China should be significantly lower than that of the urban social security system at present, and this work has become the crux that restricts the perfection of China's social security system. At the same time, it has also become an important bottleneck that affects the market-oriented reform of China's rural areas and even the modernization of the entire country. With the rapid economic development of our country, it is of great significance to study deeply the social security of rural residents in our country, identify the crux of the "three peasants" problem, and formulate targeted measures.

To establish and improve the legal system of rural social security, the aim is to ensure that all peasants have "support for the elderly, support their children, and have medical treatment for their illnesses". If we want to build a complete legal system for rural social security, we should first start to build a comprehensive and systematic basic legal system. This framework must include the legal system of old-age insurance, the legal system of medical insurance and the legal system of minimum subsistence security in rural society. Therefore, on the basis of an in-depth analysis of the existing problems of rural social security legislation in China, this paper proposes suggestions and countermeasures for further optimizing rural social security legislation in China, and completes the design of basic concepts and basic principles of related legal systems. And the main content of this system is constructed. The results of this research have certain guiding significance for the rural social security legislation and the law enforcement activities in judicial practice, and it also helps to enrich the research on rural social security legislation in Chinese academic circles.

This paper uses theoretical analysis methods to distinguish the two concepts of “system” and “law”, and at the same time analyzes the differences between “social security system” and “social security law”. This paper expounds and studies the connotation of rural social security system, as well as the connotation of legal system and its adjustment object. In this paper, the rural social security law is used to maintain the basic living standards and quality of life of members of rural society, to protect them from social risks, and to use the state as the main body of legal norms. Its existence has played a role in regulating the social relations of all parties.

This paper uses comparative analysis in the legal system of rural social security in developed and developing countries, among which Sweden, Germany and the United States are the most representative. It reveals the differences and commonalities, and forms the experience and lessons, as a guide, for China to build this system for reference and suggestions.

In reviewing the rural social security law system in China, this paper introduces qualitative analysis method to carry out an in-depth analysis of the development process of the system in China, identify the weak links and existing problems, identify problems and areas that need improvement, and study and find out. The legislation of rural social security in China has some problems such as the low level of legislation, the imperfect legislative system, the lack of supporting supervision and implementation mechanism of the relevant legal system, and little connection between the legal system of rural social security and other laws.

Based on the defects of the legal system of rural social security in China, the paper finds out the deep causes of these defects, including the rural economic development, the inadequacy of related systems, the obvious dual economic phenomenon, the weak sense of security, the cognitive bias, and so on, and analyses them one by one.

The construction of the rural social security legal system should be based on the values of the rural social security legal system, the concept of social solidarity, the concept of social equity, and the concept of the right to subsistence as the preconditions, while at the same time defining the goals to be achieved in the short and long term. The construction of the legal system of rural social security cannot be smooth sailing, and we should proceed step by step, make preparations for it first, and build a unified social welfare legal system for the whole people after the conditions are ripe and breakthrough results have been achieved in the industrialization of rural areas. Complete the shift of the construction center of gravity.

As far as the choice of model is concerned, the multi-method parallel model is more in line with China's actual situation at the present stage, and it is still too early to directly implement the Rural Social Security Law and the Social Security Law. First, we have promulgated some laws and regulations that play a paving role, such as the Rural Minimum Livelihood Security Law, the Rural Medical Insurance Law, and the Rural Pension Insurance Law, so as to ensure the orderly and standardized development of various areas of social security. Then, from the legal system level, it further clarifies the scope of the protection object, the protection method, the management and supervision method, the guarantee financing method, and the legal responsibilities of all parties.

To establish a sound legal system for rural social security, the establishment of a special legal system is the only way. During this period, legal departments are required to perform their duties well and seek the cooperation of relevant departments. They must be guided by scientific legislative concepts and persist in exploring. Accumulating experience and lessons, improving the theory of social security legal system, and taking the initiative to learn and absorb the experience of foreign developed countries in Social Security legislation, and then based on the National conditions of our country, we have explored a construction model of rural social security legal system with Chinese characteristics.

Date of Award	4 Jun 2020
Original language	Chinese (Traditional)
Awarding Institution	City University of Hong Kong
Supervisor	Lei CHEN (Supervisor)