On The System Of Old-age Rural Security Under Equal Right

Being looked after properly in the old age is the political ideal of the rulers in Chinese society and many-headed wish for life from beginning to end. However, problems about aged-care of peasants have never been effectively settled down by the government.Our country is a socialism democracy country, there are more than 8 hundred million peasants in the 13 hundred million populations, and peasants account for more than 70% of the total population. However, the group which accounts for the overwhelming majority of the population in China is the disadvantaged group of the entire country. There are huge differences between peasants and townsmen in politics, economy, labor employment, education, social security and other aspects. Why hasn't this strange phenomenon been fundamentally changed during the period as long as 60 years after the establishment of new China? The state has been founded for 60 years, the problems of aged-care which peasants are mostly concerned about haven't been settled down. The author hopes that the attention and importance of the whole society can be aroused by the means that the problems about aged-care of urban residents are analyzed and discussed, and the solutions to old-age rural security of urban residents are tried to be found out as quickly as possible through studies and discussions, so that the goal of being looked after properly in the old age for several thousand years in this country can come true. The inconstitucionalidade about the differences between the old-age rural security of urban and rural residents is tried to be discussed from the view of the studies of constitutional law in this paper, the necessity and urgency for peasants to realize the old-age rural security are mainly discussed from the view of constitutional equal right.The material assistance right of citizens is stipulated by constitution in the form of fundamental law, which includes old-age rural security, medical security and right to exist. However, they equally are citizens of the People's Republic of China, urban residents and rural residents are vastly different in the aspect of material guarantee. Under the planned economic system, the overwhelming majority of urban residents live and work in various units and become unit people. Staff and their relatives are offered with various social benefits including old-age rural security by units. The old-cared problems of rural members are assumed by the village collective, they belong to the people who can enjoy collective elderly support. After the reform and opening-up, there still are great differences in the treatment of endowment insurance between urban and rural residents. Higher level and complete social security system has been preliminary built in cities and towns, the traditional security system of collective checking has been broken by the contract responsibility system with remuneration linked to output carried out in the early 1980s in vast rural areas, each family and each household in rural areas have become independent units in operation, the limited security which formerly depended on collective economy has lost the basis of collective economy that it depended on and has existed in name only, all living guarantee of rural residents basically depend on land and household accumulation besides particularly special targets. Other insurance coverage hasn't been basically founded except that the endowment insurance and medical insurance have been carried out limited pilot reforms at the present time. The work of social old-age insurance in rural areas at county level has been started in 30 provinces, cities and autonomous regions throughout the country, however, there are only more than 53.77 million have participated in insurance, which only occupies 7.29% of total urban residents.The reasons for forming the current method to provide for the aged in rural area are various; the most fundamental reason is that the huge differences about the rights of urban and rural residents are resulted from the dualistic system in towns and countries in this country. The huge gap between towns and countries is created by the dualistic household registration system in towns and countries, in which the entirely different destinies of urban and rural residents are resulted, and by which the economy and social development in rural areas have been brought far-reaching effects.Nowadays, the conditions to achieve the old-age rural security in rural areas have been possessed not only from the process of rule by law,but also from the level of economic development in this country. Through the publicity and education concerning the law for more than 20 years, the legal consciousness and legal competency of citizens have been improved continuously; the level of administration according to law by law enforcement agency has been improved day by day; judicial justice by judicial authorities has been become conscious activity. Favorable social foundation of realizing civil equal right has been possessed. With the rapid growth in consecutive or successive years of economy, the central government revenue in this country of 2008 is 6.13 trillion; it means that the country has ability to improve the social security level of all citizens, solid material foundation for all citizens to realize the old-age rural security has been possessed.First, more publicity and education to the legal system should be strengthened; rights consciousness and equality consciousness of citizens should be improved further more. Next, equal policies of old-age rural security in towns and countries should be implemented. The system of old-age rural security in towns and countries should be unified, to unify the household registration system in towns and countries is the first thing to be put first. The differential and dualistic household registration system in towns and countries is the great unfairness in the Chinese society, so it is the first priority to settle down the problems about the old-age rural security in rural areas that the partition between towns and countries is broken and unified household registration system is founded. All former wrong recognition should be given up, fairness should be used as principle, the dualistic household registration system in towns and countries should be cancelled firmly and equal identity system should be built. Specific practice is: 1. Cancel any privileges attached to household register and only reserve the statistical function of household register. 2. Found the system in which the registered residence of household register is used as permanent residence. 3. Realize the transition from household-centered static management to human-centered dynamic management and strengthen the effect of resident identification card in social management and set up consciousness step by step. 4. Guarantee the freedom for citizens to move and reside, allow vast peasants to freely chose their own residence and work places throughout the country according to their own wishes and abilities, implement the internationally accepted system of population movement which centers on managing identity card as well as the domiciliary registration system which segregates urban population and rural population with place of residence and segregates agricultural population and nonagricultural population with job occupation. System of subsistence allowances in towns and countries should be unified. Subsistence allowances of urban residents is the system that the families of which per family capita net income in rural areas are lower than the local minimum living level are given salvation according to the standard of local subsistence allowances, it is a social assistance system which has been gradually developed and perfected on the basis of the living relief system regularly and quantificationally for the particularly impoverished masses in rural areas. The system of subsistence allowances in rural areas is an important part of the social security system in rural areas. Third, the policies into rural areas should be carried out. Old-age rural security in rural areas should be realized to be specially disbursed from the cost and expenses by central and all levels finances, old-age insure system in rural areas should be guaranteed to be put into practice. Foreign experience should be used as a source for reference, the mode of joint burden by government, enterprise (collective, unit), individual should be carried out, and old-age rural security in rural areas should be realized as quickly as possible. Finally, political right of peasants should be guaranteed. Only when peasants get equal political rights, equal rights in economy and various aspects of social life can be got by them.From the beginning of this year, Premier Wen Jiabao has hold three thematic meetings of the State Council about the old-age rural security in rural areas, and a series of opinions about the problems of the old-age rural security in rural areas are worked out, it reflects that central government has paid special attentions to the problems about the people's livelihood, especially the problems about old-cared supports in rural areas .It also reflects the determination for central government to settle down the problems about aged-cared support in rural areas.We have reasons to believe, it is not empty phrases stipulated in constitution that everybody is equal and everybody has the rights to get material guarantee from the country and society when they are old, disabled and unable to work.