The Legal Consideration Of Improving The Rural Medical Treatment Safeguard System Of Our Country

This text focus on the legal consideration of improving the rural medical treatment safeguard system of our country. The full text is divided into three parts to launch . First of all, explain the urgency of setting up rural medical and the necessity of rural medical treatment of security system ensure that legalize at present. China is the large agricultural country, it is the first guarantee demand in the rural social security that medical treatment ensures, and only implement rural medical treatment and ensure the legalizing of the system, could accelerate the construction of rural medical security system, because rural medical treatment ensures already becoming the important component in the social economic system of our country, its system's design should be confirmed in form legislating by the country;It involves every economic policy of the country, lacks legislative guarantee of the country, its system's implementation is very difficult;Its capital source related to three sides of interests and medical treatment ensure legal relation to be complicated, various rights and obligations must be legal. So, it is the objective requirement which develops socialist rural market economy that rural medical treatment ensures legalizing: It is the assurance that the peasant of our country realize its civil right;Realize the strong guarantee of the fundamental state policy, it is the urgent requirement for promoting harmonious steady development in urban and rural areas;Promote the important insurance of the whole country's economic development.Secondly, this text analyzes the subject problem that rural medical treatment of our country ensures system exists. The rural medical treatment of our country ensures the legistration work to lag behind at present, lack the comprehensive " law of social security " and the construction of specialization regulation is quite backward, the legislative level is low, the legislative system is imperfect, the whole rural medical treatment ensures the construction of the system to form the situation in which more confused;Legal supervision and implementing the mechanism is weak, lack corresponding legal liability and punish the measure, and making Medical Benefits Funds in the extremely unsafe operation state, and rural medical treatment ensures legal system and other departments don't form a complete set each other , make rural medical treatment ensure the system to be difficult to be complete;Rural medical treatment ensures fund is short, And thegovernment is not enough to pay attention to the capital source to the rural medical insurance, especially lack the financial input of the central government, adopt the principle participated in voluntarily in rural medical insurance, the poorest rural resident is usually the person in urgent need of help too, but they are unable to participate in the medical insurance because of lacking the ability of paying the fees, the collective disposable income is reduced, can not afford the medical insurance either, the capital source becomes a great obstacle of ensuring construction of the rural medical treatment;Rural medical treatment ensure have deviation know , The view of policy maker think peasant have right to use the land that country offer and obtain the land safeguard isn't totally correct, and peasant have insufficient understanding of medical insurance and health risk sense, idea helped together to help each other relatively thin, have " whether rural medical treatment ensure law ", some peasant afraid of policy to be changeable, lack the confidence of joining an insurance;Rural medical treatment ensures receiving the restriction of structure of two yuan in urban and rural areas, the too big income gap and unity medical service market between urban and rural areas will coexist and last some time, cause the great test of the rural medical security system.Finally, proposing the legal countermeasure in improving the rural medical treatment safeguard system of our country. To legislation, the value orientation that the rural medical treatment ensures of our country legislating should be that the justice is a main fact, give consideration to efficiency;The final goal of legislating should ensure the system for the medical treatment which set up integration of urban and rural areas;The principle legislating should be followed and ensured human rights, meet peasant's basic medical treatment and health care demand, follow and insist low-level and wide to cover, help each other, help together, follow law ensure by force and combine voluntarily with peasants, follow right and obligation compatible, follow and suit measures to local conditions, standards are different, follow the government and unify management and peasant's self- management to combine;Make " rural medical treatment ensures the law ", it should include the following content : First, ensure target and join insurance peasants' right and obligation;Second, basic principle;Third, ensure the range, management of Medical Benefits Funds, implementing method of the medical insurance, function of organizing in rural medical insurance, rural medical worker take up a job as a doctor qualification, choose method, duty and suitable for countryside to use, by effectual andprice low basic medicines list that expert elect;Fourth, legal liability . Meanwhile, revise current criminal law make it ensure law form more tight legal system with rural medical treatment. On government's function, should strengthen the investment function of the government and management function of the government in accordance with the law, rural medical treatment ensure expenditure proportion to account for expenditure legal to take finance. Raise the respect in the fund, can be through setting up tax categories such as social security tax, rural public service tax, etc. or issuing lottery tickets, expand fund-raising ability of the government;Can be through revising current land law and reforming rural land acquisition to make and open up peasant's plural financing channel of social insured fund. In the structural respect of two yuan of urban and rural areas, can advance rural medical treatment to ensure the undertaking to develop through the progressive household register system reform.