Briefly describe the current situation and thinking of China's rural social security system?

It is related to the vital interests of farmers and the harmony and stability of rural society. The "Decision" clearly proposes to expand the coverage of public finance in rural areas, and puts forward specific arrangements from the aspects of culture, education, medical and health care, social security, infrastructure and environmental construction, poverty alleviation and development, disaster prevention and mitigation, and social management. Many "practical measures" with high gold content have responded to the expectations of hundreds of millions of farmers for "learning to be educated, earning income from labor, getting medical care for illness, providing for the elderly and living in a place", which will certainly effectively improve rural people's livelihood. However, in the rural social security system, it still stays at the level of laws, regulations and policies, and it is urgent to improve the legal system to guarantee it. First, the problems in China's rural social security system. Rural social security is an important part of national social security. At present, strengthening the construction of rural social security system is an important part of socialist rule of law in China. In recent years, under the background of building a "harmonious society" and a "new countryside", rural social security has received unprecedented attention. However, at present, China's rural social security system still stays at the policy level and has not risen to the legal level. The main problems existing in the current rural social security system are: 1. Rural social security legislation lags behind. At present, the legal level of rural social security in China is relatively low. Except for Article 45 of the Constitution, there is no basic law such as the Social Security Law, and the rural social security system is scattered in laws and regulations. 2. Law enforcement and legal supervision are lagging behind. At present, China's social security legal system is not perfect, which makes social security have great hidden dangers in law enforcement and supervision. The phenomenon that rural social security funds are occupied sometimes occurs. Establishing and perfecting the legal supervision and implementation mechanism of rural social security is an inevitable requirement for establishing the legal system of rural social security. 3. There are huge differences between urban and rural security projects. At present, China's urban social security system has been basically improved, while the rural social security system is still quite thin, showing a more obvious urban-rural duality. 4. The rural social security management system is decentralized. Although local government agencies carried out reforms in 2009, the rural social security management system is still decentralized and inefficient, and the rural minimum living security, rural poverty relief, five-guarantee support and disaster relief funds are still being squeezed and misappropriated. The rural social security system has seriously restricted the development of social security. 5. Rural social security funds are difficult to use. At present, the level of rural social security funds in China is low, and most of them are coordinated by counties, townships and villages. It is quite difficult to ensure adequate rural social security funds. In recent years, the central government has increased its investment in rural social security, but the scope is still relatively narrow and the level of funds is still low, so it is necessary to further strengthen the overall planning of funds. Second, the analysis of the construction of rural social security system in China. To construct the rural social security system in China, we must fully consider the special national conditions of China and the special factors that restrict the development of rural social security in China, and realize the rural social security system with China characteristics of "wide coverage, basic security, multi-level and sustainable". (A) Analysis of the impact of rural land security on rural social security "While giving farmers the right to use land, the state has also shifted the responsibility of providing social security for farmers. Since then, farmers' illness and death have nothing to do with the state, and all guarantees must be placed on the contracted land. " This is a true portrayal of the relationship between rural land issues and rural social security in China for decades. This situation no longer meets the requirements of the economic and social development of contemporary China. China is sparsely populated. In recent years, the cost of land production has greatly increased and the income has decreased. Land income is only enough to maintain basic living needs, and its "life-saving" function is far greater than the production function of making a fortune. According to the actual situation of rural areas in China, combined with the current land contract system, a rural social security system can be established on the basis of land security. While acknowledging that land security plays an important role in rural areas of China at the present stage, we should update and change the forms of land security, coordinate the contradiction between fairness and efficiency in land use, and effectively combine the social security function of land with the use of its means of production. (B) Analysis of the government's responsibility in rural social security The government's social responsibility to farmers. In the past, farmers were mostly excluded from China's social security system. Even though the rural old-age insurance and rural cooperative medical care system were implemented, due to the chaotic organization and management, poor fund supervision and other reasons, various departments were wrangling with each other, the security fund was misappropriated and squandered, farmers had no way to reimburse, and they ran into a wall everywhere, eventually losing confidence in the government. The government should assume the social responsibility to farmers and restore their confidence in the rural social security system. Government's financial responsibility for rural social security. As the overall level of rural economic development in China is still relatively low, the financial responsibility of the government is very important when constructing the rural social security system in China. At present, the arrangement of rural public facilities and resource allocation in China is still too low. Due to the lack of funds, rural social security work is in trouble, and the phenomenon of "no medical care for the sick and no support for the old" in rural areas is still quite serious. In addition to raising security funds, the government should also pay attention to the use of state finance to better play the operational role of rural social security funds. By compiling and implementing the government guarantee for Beifeng, the government finance can allocate a part of the budget to maintain the social security expenditure, or make up the income and expenditure gap of social security, and ensure that the social security treatment of farmers is substantially equal to that of other policyholders. Iii. International comparison and reference of rural social security legal system (I) Comparative analysis of foreign rural social security legal systems 1. The welfare state model represented by Britain. Emphasizing the "universality principle" of social security and bringing farmers and urban residents into a unified social security legal system has a high level of security: the proportion and management mode of social security system are relatively perfect, and the unified national specialized agency is responsible for it, with scientific and efficient management; A high-level social welfare system is too expensive, the government's financial burden is too heavy, and the tax burden on employees is too heavy. 2. Specialized system model represented by Germany and France. It was established according to the characteristics of its own agriculture, and the social security system did not consider farmers at first, but was formulated under the special circumstances of agriculture after the social and economic development reached a certain stage. Insurance principle and social principle. By paying insurance premiums, state subsidies, social assistance, etc. The social security system in urban and rural areas is separated and the organization and management methods are diversified. 3. The combination of unification and separation represented by Japan. At first, Japan's social security was only aimed at urban residents, and later it was extended to rural residents, but the items and scope of farmers' security were relatively small, and then the combination of unification and separation narrowed the gap between farmers and urban residents. The social security fund is coordinated by the government, enterprises and individuals at three levels: strict laws and strict systems. (II) Enlightenment of Foreign Rural Social Security System to China By analyzing the development law of foreign social security, it can be seen that a country should fully consider combining its own actual national conditions when establishing a rural social security system. The reality in China is that the urban-rural dual structure will exist for a long time, and urban-rural integration cannot be realized in a short time. Therefore, from the reality of our country, China's rural social security system should adopt the rural social security system model with China characteristics, which is mainly specialized system, supplemented by the combination of unification and separation, and multi-law parallel and multi-level guarantee. In the legislative mode, the multi-law parallel mode is more in line with the actual social situation in rural areas of China. Moreover, social law itself has become an independent legal department, in which social security law is the main component. China can form a complete social security legal system together with other social security laws by promulgating a number of laws suitable for the actual social situation in rural areas. As far as the level of security is concerned, it is difficult to unify the modes of assistance, welfare, community and insurance because of the great differences between urban and rural areas and regions in China. It can only be said that the mode with higher welfare level can be adopted in places with conditions, and the mode with higher relief level can be adopted in backward places. Generally speaking, the security level model is a multi-level mixed model of rural social security in China. Four. The basic idea of perfecting the legal system of rural social security in China (I) The design of rural medical security system-the perfection of new rural cooperative medical system The new rural cooperative medical system has been widely developed in rural areas of China and achieved certain results. Practice has proved that it is more in line with the national conditions of rural areas in China. However, there are still some problems in the new rural cooperative medical system, such as low overall financing level and guarantee ability, unbalanced development among regions, delayed collection of funds into financial accounts, advance payment by village collectives, fund deficit or excessive savings rate, and failure of all poor groups to participate in insurance. The content of perfecting legislation is: the National People's Congress has enacted a new rural cooperative medical security law as the law of rural new cooperative medical security, and then all localities can formulate the Regulations on the Management of Rural New Cooperative Medical Fund according to their own actual conditions, and stipulate the financing methods, account models, financing responsibilities and fund supervision. According to their own economic conditions, all localities have formulated the "Regulations on Reimbursement of New Rural Cooperative Medical System" to standardize the payment of security in all localities. These provisions should be unified to comply with the "New Cooperative Medical System Agriculture and Welfare Protection Law". On the basis of this law, according to the provisions of the national legislative system, local governments will formulate local laws and regulations at the next level, and use the New Rural Cooperative Medical Security Law to guide local laws and regulations to build a new rural cooperative medical system in China. (II) Design of Rural Old-age Insurance System-Improvement of Rural Old-age Insurance System In the legislative construction of rural old-age insurance, the state can formulate a general rural old-age insurance law, and then improve local laws and regulations according to the actual situation, so as to build a rural old-age insurance legal system. At present, the basic goal of China's rural old-age insurance legal system is to establish a "low-level, wide-coverage" rural old-age security system that is suitable for the level of economic development, with diversified sources of funds, multiple levels of security and socialized management services. In the process of constructing this legal system, we should pay special attention to the following issues: 1. Applicable object and scope. The object of rural social endowment insurance should include the rural population with non-urban hukou, and the age of enrollment should start from taking part in residential labor and earning a certain income, and consider the career direction of rural young people. 2. Establish a multi-channel financing mechanism with the government as the main body. The state should formulate relevant laws and regulations to standardize the rural old-age insurance system and give it strong financial support. Governments at all levels can set their own subsidy ratio according to a certain proportion, and implement different government support and financing models in view of regional economic development differences. 3. Implement a safe and efficient fund supervision and operation mechanism. The state and governments at all levels should clarify the management and operation institutions of pension funds in rural pension-related laws and regulations, strengthen internal and external supervision systems, establish financial accounting, audit supervision and other work, and severely investigate and punish departments and individuals who violate the supervision system according to law. In the operation of maintaining the value of the fund, we can learn from the successful experience of foreign countries and make appropriate capital investment in the pension fund. (III) Design of Rural Minimum Living Security System China's rural welfare security will mainly focus on the construction of rural minimum living security system, which is the most defensive line to ensure farmers' survival. It is necessary to enact an overall rural minimum living security law, and make provisions on the fund raising, security objects and management system in rural minimum living security. On the basis of the Rural Minimum Living Security Law, various localities have promulgated some local laws and regulations according to their own actual conditions, and cooperated with the Rural Minimum Living Security Law to improve the legal system construction of rural minimum living security. Raise funds for rural minimum living security assistance. At present, the rural minimum living security funds in China are often temporarily allocated by the government, which is not conducive to the stability and reliability of funds. It is suggested that the rural minimum living security funds should be included in the financial budgets of governments at all levels in the future to ensure the stability and reliability of the minimum living security funds. (IV) Further Improving the "Five Guarantees" System China's "Five Guarantees" system originated in the 1950s. 1On June 23rd, 994, the State Council promulgated the Regulations on Five Guarantees in Rural Areas, which marked the legalization of the five guarantees system. So far, the five-guarantee system has encountered some difficulties, mainly due to insufficient funds and backward facilities. The funds of the five-guarantee system mainly come from the rural collective economy, but with the weakening of the rural collective economy, the five-guarantee system cannot get enough financial support. In the past, the five-guarantee households were scattered, but now the rural collective economy basically does not exist, and the guarantee facilities of the five-guarantee households cannot be guaranteed. In the future, new laws and regulations such as the Regulations on Rural Five Guarantees and the Measures for the Administration of Nursing Homes should be re-improved, the work arrangement of rural five guarantees should be further clarified, and the responsible subjects and funding arrangements should be clarified. Minors who are supported by five guarantees in rural areas can be listed separately in the Regulations on Five Guarantees in Rural Areas, and protective measures can be defined, such as strengthening the construction of orphanages, or giving them to families that the society is willing to support on the voluntary basis of minors.