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On Legal Protection Of The Peasant's Social Security Right

Posted on:2010-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:X M LiuFull Text:PDF
GTID:2189360275482366Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The Peasant's social security right refer to the Peasant from the community to enjoy basic living necessities and designed to improve the quality of life services. Protected by the law for The Peasant's social security right is conducive to building a harmonious society, realizing the fundamental human rights of the Peasant, resisting all kinds of social risk and the risk of life. The major problems remained in the realization of the Peasant's social security right currently include: the legal system for the protection of social security is not perfect, without a unified Social Security Basic Law, the level of relevant legislation is low, local legislations differs greatly, some laws and regulations operated not strongly, make the laws lack of uniformity and authority; the implement intensity of the social security is also weak, the related system for the social security of rural areas is not perfect, the mechanism of social security of rural areas is disperse, the administer's professional quality is low, the social security supervision mechanism is inferior, above these implements make the horizontal social security lower ; the relief systems are imperfection, starting judicial relief is difficult, the rang of judicial investigation contents is narrow, resolve the procedures of the controversy is not reasonable, roads lead to defend right are difficult. Due to lack of sufficient ideological recognition by some government officials, employers and Peasant, many national political regulations inclined to urban residents, the present economic level is limited and the finance plunge insufficient, the Peasant's social security right is difficult to realize. We can take the legislative, administrative and judicial measures to improve the Peasant's social security right: in the field of legislation, we should draft the Basic Law about social security to found the legal system of social security, cleaning and amending irrational laws and rules, learning the favorable foreign legislative experience, speeding up with the legal construction building in Peasant's social security; in the process of enforcement, perfecting the related system for the social security of rural areas, we should enhance the country's obligations, establish the limited responsible government, speed up the pace of the supporting systems reform, improve the management of social security in departments, strengthen the social security supervision, raising the administer's professional quality; in respect of the relief system, we should establish convenient reconsideration institution , expand the scope of judicial investigation, pursuit the simple and easy procedure, add particular procedure, and assign the burden of proof reasonably in order to promote the reform of the trial practice.
Keywords/Search Tags:Social Security Right, Social Security of Rural Areas, Legal Protection
PDF Full Text Request
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