China's new rural cooperative medical system legal research
|School||Southwest University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Old rural cooperative medical system New-style rural cooperative medical system Rural medical insurance system Commercial insurance companies Operation mode|
As a large agricultural country, China’s medical insurance is the first requirement of social insurance in the country. With the development of country economy, the farmers’ awareness of medical insurance is increasing. Under such circumstances, a new-style rural cooperative medical system comes into being. It experimented from 2003 and till now has development to some scale. However, there are also many problems, which show that the system is not perfect and defects exist in terms of law. The paper focused on the issue, and construct a new-style rural cooperative medical system from the viewpoint of law, in order to implement the system according to law, guarantee rural people’s basic living interests, enhance social development, maintain social stability and promote rural economic development and social harmony.As far as the current literature about China’s rural cooperative medical system is concerned, most are in the fields of sanitation, insurance, medicine and agriculture. There are few studies on the system in terms of law, and not orderly enough. Against that, the paper takes social insurance law as the point of view, with rights, obligations, and responsibilities as perspectives, and analyses the new-style rural cooperative medical system.With about 40,000 characters, the whole paper can be divided into five parts, besides introduction and conclusion.Part I gives a general idea of China’s new-style rural cooperative medical system. It first makes clear what it is between scholastic version and official version. After a deep analysis of the connotation, the scholastic version is confirmed against the official version. Secondly, the history of new-style rural cooperative medical system is divided into three stages. The former two are called "old rural cooperative medical system", and the third is called "new-style rural cooperative medical system". With detailed documents the development of rural cooperative medical system is narrated, and focuses on the narration of how new-style system is complemented with policies and documents. Thirdly, after an analysis of the new-style system, taking the conception and characteristics into consideration, the new-style rural cooperative medical system is defined as part of social medicalinsurance. Fourthly, the characteristics of new-style rural cooperative medical system are generalized and the main differences from the old ones are in terms of fund origin, system mode, management, scope and insured objects. Fifthly, the construction theory is explained, and they are mainly the theory of human resource investment, the theory of average distribution and the theory of building a harmonious society.In part II, the main problems in the operation of new-style rural cooperative medical system are brought up. The problems are divided into seven kinds in order to find solutions and make legislative suggestions. Allthe seven kinds of problems are: 1. It is of low legislative level and lack of law protection; 2. The insured level is low, and the beneficiary scope andlevel of the rural people are not high; 3. There are defects in fund management and not enough monitoring strength.;4. With few fund origins, there are difficulties in funding; 5. The medical service system is backward,and medical level is very fundamental.;6. Assigned medical institutes createa new monopoly and set medicine at a high price.;7. The definition of the insured objects is too vague. There is no clear definition about thecooperation from rural people.Part III is the introduction of foreign relative systems and advice China can take. It starts with the description of three representative foreign rural medical systems, namely, "citizens’ health insurance" in Japan, and rural medical insurance system in both Germany and Brazil. The focus is on the introduction about how to fund and expend the medical insurance fees, and the medical service and insurance level. Then taking the actual situation of Chinese country into consideration, four suggestions are put forward: to improve the law and regulations about new-style rural cooperative medical system; to enlarge the support of the government and the construction ofrural medical institutes, and to differ the operation mode according to different conditions in different rural areas.Part IV is the evaluation on the practice of commercial insurance companies taking part in new-style rural cooperative medical system. It is not a detailed description of every operation mode, but focuses on the disputable Jiangyin Mode and Xinxiang Mode. It is a deep discussion about the commercial insurance companies taking part in rural cooperative medical system. After an introduction of Jiangyin and Xinxiang practices and the real effect, two opposite opinions stand out, i.e. the supportive opinion and the negative opinion. The paper describes and evaluates both opinions, after making clear the discussion focus, analyses the advantages and disadvantages and comes to the conclusion that it is feasible that commercial insurance companies take part in new-style rural cooperative medical system, and furthermore, two suggestions are brought forward to improve the operation.Part V is the focus of the paper. The legislative suggestions to improve rural cooperative medical system are put forward. Against seven problems in part II, seven suggestions are as follows: to heighten the legislative level, to strengthen the reasonable design, to enhance the fund operation and monitoring, to solve the funding in multiple channels, to improve the service system, to state clearly the insured objects, and to construct related rules and regulations. Then with those suggestions, the draft of "China’s rural cooperative medical regulations" is made. First of all, the paper discusses the legislative level and feasibility of new-style rural cooperative medical system. After analysis, it is clear the conditions to do a legislation are not mature, and it is better to set an administrative law "China’s rural cooperative medical regulations" to improve the current situation. Then chapter summaries are given about exact regulations of new-style rural cooperative medical system.