| The reform of the economic system makes rapid development of urban economy, the people's living standards are improving, but long-term in the rural fanners in the spring tide of the market economy does not seem to be more affordable. Rural life of poverty and the attraction of urban life make more and more farmers out of rural to work in cities. They have made tremendous contribution on the development of China's industrialization and the process of urbanization. Migrant workers are products of China's urban and rural dual system, although they are as farmers in the existing household registration system, they have already differentiated from the peasants out and into urban society in varying degrees, no longer engaged in agricultural production. As a pioneering force through the urban-rural system and the direct driving force of urbanization, working a road with Chinese characteristics. They promote the adjustment of economic structure and city's economic prosperity, they are important human resources of national economic development, but their interests are frequently violated. Migrant workers can not enjoy many of the "Labor Law" right under the very low status, but compare with remain in the countryside and farmers, these people get rich quicker, have relatively better conditions. In the current situation, the protection of the rights of migrant workers is an urgent need to resolve and arduous task. As the same citizens of the same country, the different treatment between migrant workers and citizens does not Law permit, and does not conducive to social stability and sustained development. Therefore, eliminate unreasonable obstacles to the system, and strengthen the legal protection of rights and interests of migrant workers, are not only the urgent requirement of the majority of migrant workers, but also the objective trend of social development.At present, migrant workers' issue of social security has become the focus of the society, especially the medical insurance issue is attracting attention from all sectors of society. Exploring the medical insurance system which is fit for migrant workers and making them treated while they falling ill not only to solve the "three rural" issue, but also speed up the process of urbanization, and meet the inevitable requirements of building a harmonious society.This paper adopts the measure of understanding, analyzing and solving problems. And use social exclusion theory and state intervention theory of economic law as the basis theory to analyze the reasons for the lack insurance and offer the countermeasures. Social exclusion means a systemic process that some personal, family or social groups because of lacking opportunity to participate in social activities which are generally agreed by society are marginalized or isolated. The process has multi-dimensional features, covering economic, political, social, cultural, and the hearts of all long-term shortage. China's urban-rural dual system was tightly bound peasants on the land; strict household registration management system limits the development of the rural population. Farmers were excluded from the bustling city life. Accompanied by economic reform and social transformation, urban development needs more and more labor and farmers to work in city. But the farmer's identity makes them marginalized in the economic, political, cultural, social relations, the welfare system and other areas. They can't "equal pay for equal work" with the citizens on the economy .They do the most bitter, the most dirty, the most tired work ,but they gained the lowest income. They have no right to speak on politics. It is impossible to speak something about politics for them as their lower education, but we can't hear the voice that represent their interests. They can not integrate into the mainstream society life and their values on life development model deviate from citizens in culture. It is difficult to be accepted by the people of the city to become friends. They regular contact the peasant friends because they have common language. In welfare system, they are all Chinese people, all in the same town, but the same benefits are not available. Therefore, in order to fundamentally change this state of migrant workers and no longer subject to social exclusion, we must carry out structural reform, break the dual urban-rural structure, and reform the household registration system. With liberal capitalism transition to monopoly capitalism, various internal contradictions of capitalism are growing, the state serve as a "night watchman" role in the market economy was outdated, in order to overcome market imperfections, solving issues such as social injustice, and other social contradictions, Economic Law won a real opportunity to appear the stage of history. Economic Law means Said legal norms that enacted by state in order to overcome the failure of the market, readjust economic relations of overall and public which need state to intervene. The essence of Economic Law is state intervention, social security is a measure of state intervention, the medical insurance system in China can not be separated from the national guidance, the need for the state to optimize the allocation of social resources. Therefore, in resolving the issue of the lack of medical insurance of farmers should strengthen the government's responsibility ;should be formulated in the corresponding legal system to prevent the Government's failure; should give the special protection to vulnerable groups due to the market mechanism leading to; should increase fiscal spending and the guide to urban medical resources tilt migrant workers, to a certain extent, meet the health needs of migrant workers, repair labor; should improve legislation, strengthen law enforcement and monitor efforts, to ensure that migrant workers' working environment and living environment can reach basic sanitation standards, to ensure that the farmers who engaged in hazardous jobs can be effective labor protection; illegal employers should be punished, and illegal enterprises should be exposed to give their social pressure to improve working environment.At present, China's migrant workers on the medical protection measures still in the exploratory stage, all localities enact their own medical insurance measures according to their actual situation. Chongqing as a test base of urban and rural co-ordination is the vanguard of urban and rural co-ordination that is the future for China to achieve. In accordance with the principle of "low rates, security seriously ill, maintaining the current, mainly to employers pay" to establish seriously ill medical insurance of migrant workers, can greatly reduce the burden on farmers. Chongqing Municipal Government has introduced policies about migrant workers participating in health insurance, and in October 2007, launched a urban and rural residents cooperative medical insurance, from October 1 a comprehensive medical insurance of migrant workers launched, It can be said that the entire medical insurance from start to now has been a progressive development and progress in the direction of universal health insurance. "The pilot scheme of Chongqing Municipality migrant workers seriously ill municipal medical insurance co-ordinate" has many provisions worth learning. However, to improve the rule of law need time, the conditions of building a uniform application of the Medicare system are not yet ripe at this stage. Take into account migrant workers' complexity of their own groups, should be targeted for system design, while stressing the effective docking of the rules and regulations. In addition, we should pay attention to improving the quality of peasant workers, it is necessary to strengthen vocational and technical training, and increase their revenue, and make greater efforts to publicize and enhance awareness of participants, and make them recognize the benefits. Encourage and supervise enterprises participant in health insurance for migrant workers, and expand health insurance coverage, and make the Medicare system and the related policies come true. |