Legal Issues About New-type Rural Cooperative Medical Care System

China has begun to set up the new rural cooperative medical care system to solve the problem of medical services being unaffordable and inadequate to farmers since 2003. The implementation of this system indicates that more than 800 million farmers disengaged their "self payment medical treatment" of self-health protection model in China and were officially brought into the social medical insurance system. The state assumed the responsibility for health insurance for farmers. China's rural residents obtain unprecedented benefits from this system to see a doctor. Due to the diversities in the economic and social development in China's eastern, central and western, there are differences in operational process and effects in various places to running the new rural cooperative medical care system. To study China's new rural cooperative medical care system needs to carry out from a different perspective. There are a vast area but sparsely populated and harsh natural environment, living environmental degradation, low productivity, many impoverished people and extremely scared health care resources and other factors in China's minority rural areas, the new rural cooperative medical care provided by the standard of medical care can not fully meet the basic medical needs of farmers, and the design of the existing system is short of special arrangement. Using comparative research method, system analysis, empirical analysis, the thesis studied the China's new rural cooperative medical care system in legal issues by the field study in minority areas in Guizhou Province and the theory and practice of the new rural cooperative medical care system to put forward suggestions for local legislation, and hoped to provide some reference for building the legal system in the new rural cooperative medical care system.This paper consists of five components:Chapter 1:Introduction. This section introduces the research background and significance of the thesis. There are many problems in the new rural cooperative medical care system, and laggardness of legislation is one of the important reasons for these problems. To study new rural cooperative medical care legislation, especially in national autonomous area, is important in the theory and practice. The following literature review is a summary review on legal nature, history, government responsibility and practice of research of China's new rural cooperative medical care. It indicated that it is short of to study the new rural cooperative medical care from legislation, particularly from the national autonomous area legislation. Finally, the research methods are: historical analysis, anthropological field research, empirical analysis and system analysis.Chapter 2:The legal issues in the new rural cooperative medical care system. First, to define the meaning of law of the new rural cooperative medical care must be based on determining the legal nature of its basis. According to the historical research about the legal nature of traditional rural cooperative medical care system and the differences between the old and new cooperative medical system, the thesis pointed out that the new rural cooperative medical care system should be collated and stipulated the rural nature of the basic social medical insurance system. Thus the new rural cooperative medical care system is defined as:organizing and managing and supervising under government, rural residents participated voluntarily. Individual, collective and the government co-financing compensates for the rural basic medical insurance system which has the more serious medical expenses mainly. Secondly, government intervention is the key to rise and fall of cooperative medical care through analyzing the development of China's rural cooperative medical care system, and policy-based adjustment method is the important reason to make the cooperative medical care unsustainable. Thirdly, the thesis proposed the importance to establish and perfect the legal system of the new rural cooperative medical care. Finally, the thesis proposed that the legal theory of the new rural cooperative medical care system is that the theory of right to subsistence, the theory of social justice and the state responsibility theory of the new rural cooperative medical care system.Chapter 3:The comparison among foreign legal systems of the rural medical security and the revelation. The thesis reviewed separately rural medical security systems in the developed countries-Japan and Germany, and developing countries Mexico, Brazil, Thailand, and compared the rural medical security systems of the above-mentioned countries. Then, the thesis summed up the revelation of the rural medical security systems of the above-mentioned countries for the laws and institutional arrangements of China's new rural cooperative medical care system.Chapter 4:The operation and analysis of China's new rural cooperative medical care system-minority areas of Guizhou Province as an example. The chapter describes the basic situation of pilot program for the new rural cooperative medical care system in Guizhou. Field study method was used to analyze the pilot program the new rural cooperative medical care system in two counties in Guizhou, there are some existing problems:having not the depth of propaganda work enough, the fund supervision problems, having not the requisite of ability to manage and command, the weak functions of medical service at the grass-roots level in rural areas, supervision to the designated medical institutions, new-type rural cooperative medical care legislation and institutional innovation, language communication between doctors and patients in minority areas.Chapter 5:The proposals for improving the legal system of China's new rural cooperative medical care system. First, resolve the "name" and the fund ownership of the new rural cooperative medical care system. Secondly, consider the feasibility of legislation of the new rural cooperative medical care system from the perspective of minority areas, and the concept of the legislative framework of the new rural cooperative medical care system in minority areas, including the basic principles followed to legislate, the legislative configuration, the legal system composition and convergence with the relevant recommendations of the legal system. Then, give some advice on the financing mechanism, management handling mechanism, co-ordinate compensation mechanism, designated medical institutions monitoring mechanisms and the specific content of the legal liability system. Finally, put forward a sound legal system to improving the new rural cooperative medical care system and other policy recommendations.