Study On The Peasants' Rights To Social Security In China

When first born, the rights to social security are some kind of expediency adopted by the rulers to solve social problems at that time. With the marching of democracy in politics, social security has been one of civil rights, which means it has been regulated. As of the 20th century, the social security has formally been regarded as the obligation of government and the right of citizen, rather than some kind of charity. Inevitably China will encounter the problem of binary social and economic problem encountered by other developing countries when they developed their market-orientated economy. Owing to the economic structure and the household registration system, China has her own binary social and economic structure embodied by the household registration system and the different social security system between rural area and city. As to peasants, the social security to them is not to what extent it should be allotted, but there is no such protection at all. After analysis on the origin and development of the rights to social security, the author conducts research on the development of the social security in developed and developing countries, then he further moves on to the generality of the subject and the specialty of the object of the rights to social security. Through analysis on the specific reason of the failing of the social security of peasants and related misunderstanding, the author rebuts the economic determination theory. After digging the value prerequisite for social security right for peasants and their claimant on such rights, the author puts forwards the fulfilling mechanism of the rights to social security in the circumstance of harmony society.There are four chapters except the introduction and conclusion.In the introduction, the author delimitates the scope of the peasants. The status of peasants is based on the flowing and the classification of peasants. Under the binary social and economic structure, there are three kinds of people can be classified as peasants. The first class is those who farm on the rural area, whose income mainly depends on the farming and other related business. The second class is those immigrant workers living in city and the third class is those unemployed peasants living on the margin between city and rural area. But this dissertation mainly focuses on the first class, not the other two classes.Chapter I mainly focus on the general principle of the rights to social security for peasants. After tracing the origin and the development of the rights to social security, the author introduces the change from informal protection to formal protection, from service for the government to service for the society, from charity to a legal rights. Being a fundamental right, the right to society security is aiming to protect the existence and development of human beings. The rights to social security are regulated by the constitution no matter in developed or developing countries. To a large extent, the modern rights to social security are a product of industrial revolution originated in Western countries. Owing to the industrialization, the difference between rural area and city, the difference between the peasants and workers, the difference between has diminished, which provides a foundation for the unification of the rights to social security. Since there is always a difference of the rights to social security in our country, so it is very worthy to conduct research on the scope of subject and object of the right.Chapter II analyses the defects of the present rights to social security in our country. At the beginning of the new China, the household registration system and other systems were adopted to maintain the social security and stability, resulting in the binary rights to social security in our country. Specifically speaking, there is huge difference as to the rights to social security between the rural area and the city, such as the protecting model, the protecting standard and the protecting system, etc. the under investment on the social security for peasants has resulted in a welfare trap. For a long time, the emphasis on the efficiency, which is also can be looked as economic determination theory, is the reason why there exists such phenomenon in China. Land has become the main protection for peasants. Such kind of phenomenon has replaced the should-be position of government with land. On the other hand, the shortage of monetary resources hinders the development of commercial business in rural area. And the little voice of the peasants also can't influence the decision maker to make favorable decisions for them.Chapter III discusses the value of the rights to social security for peasants, which represents the relationship between peasants and rights to social security on one hand, and embodies the characteristics of satisfying the need of peasants on the other hand. The rights to social security can provide basic protection for the social members, provide aid in emergency. By doing so, such kind of system can secure the social harmony and the value of human-being. Since there is a very special binary social security circumstance in China, so we should keep on our own principle, including the principle of protection for the basic living of peasants, the Principe of satisfying of various need and the principle of different protection.Chapter IV explains the fulfillment of the rights to social security for peasants in the harmonious society. The social security should be a system aiming to protect the social harmony, basing on the equality of the society. The peasants have devoted too much to economic development of China, but owing to the inequality of the social security, most of the peasants are short of medical care and education. In order to make peasants benefit from the social security, it is necessary to regulate the social security system, so as to avoid the helping to be some kind of charity. In a society rule of law, the rights to social security for peasants should be set up by law, which means by using such protection, both substantial and procedural, etc. We should make sure to what extent the government should provide material help for peasants, so the peasants can obtain enough living and working necessities, both of which need to be regulated by law and administrated by specific office listed by the legal regulation. At the same time, the related law should make it clear the obligation of the peasants and possible responsibility, which means we should regulate the remedy rights for peasants to get their social security, both from administrative and judicial means.