A Study Of Administrative Legislation Of Rural Social Security In China

Since the social security system was born, its core value is that respects and the safeguards the right to survival and development of all the social members, provides the function of"the safety valve"and"the stabler"for society's development. United Nations has a stipulation in the 22nd of"Declaration of human rights":"Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality."The social security safeguards each person's rights to subsistence, rights to development to take in the first place, enjoying the social security is the citizen's basic rights. However, facing reality of dual partitioning between the Chinese city and countryside, general countryside residents enjoy the social security so miniscule and have been in the awkward region which named to own rights actually no rights. The population growth, cultivated areas'reduction cause the average per person cultivated area of the agricultural labor to reduce, thus cause land safeguard, the families'supportable capabilities of the general countryside residents to drop day by day. It is not to resist and melt the risk, so the urgent need is that a transition from the land safeguard to the social security. The rural community system of safeguards is an important component of our country social security systems'the establishment and development of it has the reality inevitability and the time pressing. With the social development, the market risk which, the life risk questions the farmers face, prominently is day by day also the intensely call of the rural community system of safeguards is constructed.The social security system is a great achievement of human's civilization in the 20th century. The social security is one of the core value orientations contemporary social security system, no society's security and stable, no the economical development and society's progress. Certain social securities are the premise and foundation of the livelihood and development of humanity. Just as an immortal maxim of Hobbes, the British famous jurist,"person's safety is the supreme law", is a safe understanding the legal value. The rural community system of safeguards is an important guarantee of the rural community stability and advancement, while rural community's stability and advancement is a foundation of the whole social with the security stability and advancement. It is impossible to have been the social security legal framework so wholesome perfect and the mature without a wholesome social security legal system .It establishes the rural community security system of safeguards is not exceptional.This article surrounds the rural community system of safeguards from the administrative legislation's angle to discuss, the structure divides into four parts:The first part is an outline of safeguards the administrative legislation in our country rural community. In this part, firstly there is a limitation of the connotation of the safeguarding to the rural community, according to analyze the meaning origin and the meaning limitation of social security to draw out the conception of the rural community safeguards. Then to make a systemic interpret about the formation reason of the rural community system of safeguards, the development process of our country rural community system of safeguards and the connotation of the rural community system of safeguards. Secondly starts to analyze the conception of the rural community to safeguard the administrative legislation, and the rural community analyze this conception's characteristic in a biefe. Then elaborate the basic principle of safeguard the administrative legislation. Finally, introduces the essence and necessity.The second part, there is a value analysis of the administrative legislation to the rural community to carry on from aspect of the law value, The most main law value is the security, fair, the order, in the rural community safeguards the administrative legislation.The third part, there is a researching present situation of rural community safeguards the administrative legislation between Chinese and foreign. In this part, first, introduces the present stage of our country the present situation and the existence question in the rural community safeguards the administrative legislation. Second introduces foreign country rural community safeguarded the legislation and especially emphacizing on Fanch,German and Japan's present situation and elaborates profited from the significance to our country base on the analysis overseas advanced legislation experience's foundation it.The fourth part proposes some questions about the rural community safeguards the administrative legislation which will be established wholesome and perfect. In this part mainly discusses from four spots: First, the rural community safeguards the administrative legislation should be adopted legislates alone and"the dispersion legislative pattern", It aims at the present situation of our country present rural community system of safeguards as the legislative pattern. Second, clear countryside residents'rights and the duties in social security points out the social security relations are one of rights and obligations relations on a great extent, the citizen must fulfill the corresponding duty while they enjoy the social security right. Third, explicits the main body status and the level of rural community safeguards in the administrative legislation ,should clear each level the legislative main body and the legislative scope about the rural community in the administrative legislation, a guaranteed of each legislative main body in a clear of authority and responsibility to be clear. Thus avoids conflict of the main body or confusion of legislative main body. Fourth, establishes a legal supervision system of the rural community safeguards, emphasizes on a clear the legal liability of the administrative legislation when safeguards to our country rural community carries on, sets up a set of perfect legal supervision systems, through the surveillance department's surveillance, it can the famers to obtains the advantageous judicial protection when the social security rights and interests are attacked by illeagle way.