Legal Research On The Integrated Social Security In Urban And Rural Areas In China

Social security, as social "safety net" and "pressure reducing valve", especially basic society insurance, to a certain extent, is able to be against the blindness of market economy and negative effects of market failure. And it plays an irreplaceable role in ensuring social stability and promoting social harmony. On the one hand, with the further mercerization reform, because of the risk and the blindness of market, competition result in failures of someone, who would face the difficulty of survival and development, thus need institutional guarantee from society; On the other hand, industrialized society requires government to provide public service to members of society, in order to satisfy the demand of complex social environment. However, the lack of legal system makes the country's process of social security reform slow, especially the dualistic urban-rural system has seriously hindered the development of urban and rural social security plan as a whole, thus have a negative influence on the realization of the goal of our country that by 2020 achieve urban-rural integration in social security.Establish and perfect the unity, fair and sustainable social security system needs to rule of law as the ultimate security. However, from legal system and practice experience, our country social security utilities still have a long way to go. The system of urban-rural is not only against the principles of fairness, but also hinder urban and rural population and resource exchange, as obstacles of creating a united labor market formation. The author thinks that the fairness should be the primary principle. Only in this way, the current matter of the legislative level , the coverage, the rural legal, and the procedural law would be solved properly.