Study Of The New Rural Cooperative Medical Legal Issues

According to the central authorities on the New-type Rural Cooperative Medical Service, the New-type Rural Cooperative Medical system is a kind of mutual aided system about countrymen organized, guided and backed by the governments. It is based on mutual voluntary participation of local people and diverse financial sources from individuals, collectives and the government to seriously ill manpower mainly. The New-type Rural Cooperative Medical Service is one important part of our country's social security law. The construction of the New-type Rural Cooperative Medical Service is one important aspect of building the well-off society, creating harmony between urban and rural area, bringing about social justice, resolving the "three rural issues" important element and has important theoretical and experimental meaning.The thesis uses the methodologies of historical analysis, comparative analysis, logical analysis and legal thinking to explore the legal issues of the New-type Rural Cooperative Medical Service. The article based on the legal nature of the New-type Rural Cooperative Medical Service, makes legal nature as the base of research on consummating the legal system. And also, it proposes that the New-type Rural Cooperative Medical Service legal system is a social medicare system actually. This article uses successful experience of medicare legislation for reference, proposes suggestions and assumption on the base of existing the New-type Rural Cooperative Medical Service legal system. Considering the content of above, the full text is divided into three parts.The first part is the overview of our country's rural cooperative medical service. At first, this part starts with the origin of cooperative medical service, summaries its history before the 1990's, introduces the status of exploration and medical experiments under the guidance of the government in the new era. Secondly, It compares the New-type Rural Cooperative Medical Service with the traditional cooperative medical service and the urban worker health insurance, concludes that the New-type Rural Cooperative Medical Service will healthily develop under a policy of state support, institutional borrowing and legal support in the two center society.The second part is the research about legal qualitative of the New-type Rural Cooperative Medical Service. This part refers to the sources of law and legal nature of the traditional rural cooperative medical service: the traditional rural cooperative medical service is not an independent legal system, but depends on the relevant policies and laws of cooperation to regulate and development. The legal nature of the traditional rural cooperative medical service is a corporation. Inherited traditional rural cooperative medical service and innovated, the New-type Rural Cooperative Medical Service has a qualitative change. The New-type Rural Cooperative Medical Service is first one important part of our country's social security law existing in our country's multi-level medical security system. In accordance with the general principles of insurance and the state and its social responsibilities as the main body, it is essentially a social medical insurance.The third part discusses the legal institution creation of the New-type Rural Cooperative Medical Service. Firstly, this part analyzes the brief account and subject problem about the present legislation situation of the New-type Rural Cooperative Medical Service. The subject problem mainly includes the legislative effection is low. The main participators which join in the New-type Rural Cooperative Medical Service is not comprehensive, about the fund of the New-type Rural Cooperative Medical Service, it's collecting, using and supervising system is unreasonable and it's legal liability also exists defections. Secondly, the New-type Rural Cooperative Medical System legislation should form a unified legislation system; the legislation level of the New-type Rural Cooperative Medical Service should be multi-level. Thirdly, proposes the legal principles that the New-type Rural Cooperative Medical System should adopt. In this foundation, it discusses the legal institution creation of the New-type Rural Cooperative Medical System, and considers the legislation of the New-type Rural Cooperative Medical System should include the main content as follows: first, to strengthen the government's social security responsibilities, definitude the government's role and functions; second, to clear duties of leading groups of the New-type Rural Cooperative Medical Service; third, to definitude the rights and obligations of the medical service organization and the participants who take part in the New-type Rural Cooperative Medical Service, to regulate the raising, use and regulation of the fund; finally, to distinguish between legal responsibility.