Legislation Consideration On New Rural Cooperative Medical Security System In Our Country

With the advancement of reformation of rural economic system in our country after 1980s, the old Cooperative Medical System went to decline gradually. Therefore, the establishment of new Rural Cooperative Medical System becomes a practical choice for formers to solve the problem of medical insurance. Improving the legal system of new rural Cooperative Medical System is an important security for building affluent society, constructing a harmony society in both cities and countries, realizing social equality and handling the issues concerning agriculture, countryside and farmers. So there is important theoretical and practical significance to research on the legislation of new rural Cooperative Medical System.In order to facilitate the implementation of new Cooperative Medical System, some policy and laws have been made. Pilot projects have been done one after other in all of the country. With the support of the Party and the nation, some achievements have been made in the new Cooperative Medical System. But there are still some problems, for example, the low level and strong principled force adeffect layer, incomplete subject definition, the improper aim of insure against critical illness, the collection of new rural cooperative medical fund, improper supervision system and the lack of legal responsibility etc, all of which arose the problems in the pilot projects.Looking at the social security system in some other developing countries in the world, Mexico and Brazil get their own characteristics in the process of established the social security system. They attach great importance to the legislation in the system and set up medical security system of multi-layers and multi-forms. In addition, they improve the reimbursement system and regulate the measurement and supervision in the cooperative medical fund. They establish integrated urban and rural social security system step by step, which has model significance for us to set up new Rural Cooperative Medical System of our own.Therefore, as for the improvement of the law on the New Rural Cooperative Medicare, we should first of all, formulate the Basic Law on the New Rural Cooperative Medicare and define the new rural cooperative medical care as a mutual aid medical care system that is organized, led and supported by the government, voluntarily joined by the farmers and funded by financial resources from the farmers, collective organizations and the government. Under this system, the basic medical service is provided by the medical service institutions at the three levels of county, township and the village while superior medical service institutions accept and treat patients transferred from the lower levels of hospitals. And both common diseases and serious diseases should be covered by this system. We should make clear the purpose of the formulation of this law, correctly and clearly define the lawful nature of the regulatory bodies of this system, stipulate explicitly the rights and obligations of the participants in this new medical care system as well as the rights and obligations of the medical service institutions. We should also perfect the raising, use and supervision of the funds of this new rural cooperative medical system and make clear and definite the obligation of the people concerned in all these links. Second, rationalize the interrelations between different laws and regulations on the new type rural cooperative medicare and rectify other laws and regulations relating to this system. Third, strengthen the building of other supplementary systems that are adapted to this new system of rural cooperative medicare so as to form a comparatively complete system for the new type cooperative medical care in rural areas and ensure the smooth running of this new medical care system.