Study On The Rural Medical Treatment Legal System

The rule of law in modern society, medical and health is an equally basic right of every citizen to enjoy. Tilt of the farmers protection and special treatment is the spirit of modern law from the pursuit of formal equality to switch to the pursuit of substantive equality, reflects. By the health insurance legislation, the intervention and regulation of government is a legitimate, and to establish and improve medical care in rural areas as soon as the legal system is the really protect the right of farmers to medical and health.This article mainly discusses from four aspects of the rural medical treatment legal system.The first part is an overview of the rural medical treatment system. First, discusses the legal system in rural medical security implications. Rural medical security system means that the law adopted by the Government system design and maintenance, fund raising and management, health services, regulation and supervision to protect rural residents access to basic medical and preventive health care services in an integrated pieces of the medical security system. Then, analyze from two aspects of the economic and social of the legal system of the rural medical security features.The second part fragments the status quo of the rural medical treatment system. New-type rural cooperative medical care indeed achieved some success in recent years. However, the legal system and rural medical security to promote social equity and balanced development of medical treatment effectively solve the difficult problem the farmers to protect the health of the rural population targets compared, or clearly not enough. The rural medical treatment system has many problems such as medical and health resources allocation unreasonable, rural medical security system construction funds are not available, medical and relatively simple form of protection and rural medical security issues such as supervision and management mechanisms are inadequate. There are many reasons for cause of these problems, such as delayed construction of rural medical security legislation; rural health protection law enforcement mechanisms are inadequate; lack of the necessary regulatory mechanism; farmers understanding deviations on health insurance and so on.The third part is of foreign rural medical treatment system -developed and developing countries. And based on the comparative analysis, search the Enlightenment for our rural medical treatment legal system. By both developed and developing countries, rural medical security system, a comparative analysis of the law, we can see that, despite the country's rural medical security system in different types, but showed some common features. Of these countries the legal system of rural medical security experience, for the development stage of China's implementation of new-type rural cooperative medical care, improve the rural medical security system, and promote the building of new socialist countryside, providing a vital reference and inspiration.The last part discusses the improvement of our rural medical treatment legal system from the four aspects.First, we should improve the legislation of rural medical insurance. First, we should insist on fairness and justice in the rural medical security legislation, the first choice, the rural medical security system should be fairness and justice, which is the essence of socialist-type rural development requirements of China's rural medical security system in the legislation, only the fair the first place, in order to reflect the current values of the party and the government. Secondly, we properly handle the rural medical security legislation interests, such as the rights and obligations, fairness and efficiency of cooperative medical care experience with foreign relations attempt. Third, to improve the effectiveness of the level of rural medical security legislation. States should develop as soon as possible a unified "Rural Social Security Act" in the beginning was based on the re-development of rural social security number of specific laws, regulations, one of which is "rural basic health insurance law." At the same time, the Government should speed up amendments to the corresponding supporting laws and regulations, such as tax law, tort law, criminal law, so as to rural social security system and healthy development of effective legal support.Second, we should establish a multi-level medical security model. As the level of China's rural economic development very different, it is not possible in a health insurance model, but to start all over reality, and establish the level of productivity, production and distribution system, the organizational form of medical support model suited. Third, strengthen the functions of the government in construction of rural medical security system. Medical and health undertakings for the benefit of the people's cause, the relationship between the vital interests of the majority of the people, relationships, happiness and peace of thousands of households, but also the coordination of economic and social development, the relationship between the State and the nation's future. Improved health care, quality of services to address the people, "medical treatment is difficult and expensive" problem depends not only on the effectiveness of health care reform, but also depend on the social function of play. Therefore, to strengthen government functions in the rural medical security system, the functions of the building, construction, public service-oriented government is to deepen the rural medical and health system reform, improve the rural health service quality, and solve the farmers, an effective way to "medical treatment is difficult and expensive". For rural health insurance in terms of the specific performance of the government has the obligation and responsibility to conduct institutional arrangements and financial support, an obligation to develop and regulate the medical and health services in rural areas of supply and demand, in particular, should take full account of the rural population, especially the income of poor residents branch level, in the medical supply and medical aids to make the appropriate institutional arrangements for the benefit of rural members of society; to minimize the availability of medical services and medical needs of the possibility of the gap between the medical insurance in order to try to achieve fairness and to maximize health benefits. Countries in the construction of rural medical security system should take up the necessary responsibility, which is a modern civilized society countries have quality.Fourth, improve the rural medical insurance system of management. Embodied in such as strengthening of medical staff and services, construction, pharmaceutical management, medical institutions and supervision work. Practice has proved that throughout the cooperative medical service, rural medical institutions in the higher level of medical services and quality of service can greatly enhance the farmers to medical and health services utilization. But in the current institutional constraints, because there is no legislation to protect rural health care, medical supplies and regulatory mechanisms, and personnel management system, employment system is not sound unreasonable, rural township and village health facilities for medical service level and service quality has been greatly impact. In the case of pharmaceutical prices soared, farmers' dramatic increase in medical expenses, medical expenses rising faster than the growth rate of real income farmers. Therefore, the state must strengthen the management of medicines. The present system, the health sector is a new type rural cooperative medical institutions and managers of rural medical services. It should represent the demand side, to purchase health services, but also to a certain extent, on behalf of health care service providers. The health service providers and health insurance sector there is a conflict of interest, health administrative departments to regulate and balance the health service providers and the interests of the cooperative medical fund managers to achieve "appropriate security" is very difficult. Meanwhile, the central and western areas of new rural cooperative medical institutions in backward management tools, combined with the farmers in a decentralized state, the lack of a sense of control and ability to make cooperative medical care is difficult to play a role in oversight mechanisms severely restricted the new rural cooperative medical system in the normal operation.