Abstracts due to lack of necessary medical care, vulnerable and expensive, difficult medical problems have become obstacles to sustainable development of society, and become well-off society and building a harmonious society obstacles. This paper analyzes the existing Medicare vulnerable outstanding problems and the formation of the reasons, in order to resolve issues related benefit.
Paper Keywords Medical Legal Protection of vulnerable groups
In recent years, as China's reform and opening up in-depth, with the intensification of social transformation and the acceleration of social stratification, not only the pre-transition theme highlights the weakness, but also affects social stability, and reduce the social integration of forces, there may even hindered the sustainable development of society. Difficulties of this, the establishment of a disease-oriented vulnerable medical aid system is both necessary to alleviate the pressure of life initiatives, but also social justice issues inherent meaning. No matter from which side, in building a socialist harmonious society in the context of Medicare dig vulnerable groups and building a harmonious society intrinsically linked, research Medicare plight of vulnerable groups as well as the formation of the reasons to think from a legal aspect to explore solutions to disadvantaged group health insurance to the problems, China's legal research community, in particular economic law and social security law researchers should be on the legal protection of vulnerable groups responded positively. This is perfect for the protection of vulnerable groups, the legal system, promote social stability and sustainable development of economic coordination, are of great significance.
An existing medical rights protection of vulnerable groups of the outstanding problems
(A) is the main scope of protection of vulnerable groups is not clear objective not only exist, but due to the subjective and objective reasons diverse, disadvantaged groups increase, according to the law in accordance with the law is difficult to co-exist, is not conducive to the maintenance and protection of vulnerable groups medical interests. People with disabilities, especially children and minors, orphans, women, and elderly poor, vulnerable groups are socially accepted. For long existed and continue to appear vulnerable groups, but people have their own views. In fact, the largest number of poor farmers, the unemployed and the reorientation of the urban poor, into the cities and engage in critical occupation of workers, the poor college students in reading, are important members of vulnerable groups. For these vulnerable groups to assist with health care, should have been on the basis of the administrative rules and regulations to be incorporated into legislation timely content and resize the object as and administrative regulations and judicial remedies with respect to the corresponding provisions and safeguards to be funded separately . But unfortunately, but there is no uniform and clear laws and regulations to accomplish this task is to rely on the contrary more theoretical studies as well as some parts of the pilot attempts to define the scope of vulnerable groups. Over time, whether from the protection of vulnerable groups, or from the legal point of view are the administrative needs of the huge risks.
(Two) the medical interests of vulnerable groups, there is no effective security system to establish a system. Been implemented between the needs of a single law and the lack of a single line from our current practice of legislation, such legislation sufficient to protect the interests of vulnerable groups. So far, China has formulated the 'Law on the Protection of women's rights', 'Protection of Minors Act', 'elderly Protection Law', 'Protection of Disabled Persons', 'Consumer Protection Law' and other single law to protect vulnerable populations. The implementation of these laws and regulations, will help protect the legitimate rights and interests of vulnerable groups, to help them integrate into society actors in the crowd. Although our law on the protection of vulnerable groups made a lot of effort, but there are also inadequate. Multi-country take a single law, administrative regulations and local legislation and regulations, the lack of a co-ordinating social security laws and cause confusion in the legal system.
2. And adjustment means for guiding the lack of a long time, we too abnormal ruling party's policies and state heavy industry department's administrative rules enacted for the protection of vulnerable groups, relative neglect of scientific, rigorous national legislation. Is not conducive to long-term national legal system, but also with China's accession to WTO legal obligations as promised misfits. Since reform and opening, proven Shendeminxin and help protect the interests of vulnerable groups, health care and other social public policy, it should be timely upgrading and into national law. Policy is too complicated and too vague principles and highly volatile, excessive administrative regulations and lack of transparency, obviously not conducive to the health care of vulnerable groups.
3. Medical insurance system is not set up to establish an effective health insurance system, and promote the improvement of health services is a fair system of social engineering. So far, no systematic and mature theory to guide practice operations, plus all levels of government generally tight financial situation, China's medical insurance system in the state does not regulate not only a few developed provinces and cities to establish a medical aid system, and coverage Small, low levels. Some local minimum living standard security requirements only just reached the cities, is still far from medical aid system was established.
(Three) social medical aid is difficult to timely and effective implementation of the social medical aid is under the auspices of the government to mobilize social forces to participate in a wide range of medical assistance for disadvantaged behavior. It as a multi-level medical security system, the last a protective barrier, its purpose is to live in a low-income part of the state of poverty and even snare socially vulnerable groups among the health care system, through the implementation of social medical aid system, providing them with basic medical support to ease its ability to treat illness without causing economic difficulties, to prevent poverty caused by illness, enhance self-protection and survivability. It is the government's responsibility, but also to maintain social stability. From the medical aid point of view, mainly aimed at low income people to help them reduce the burden of ill health, while those located at the extreme edge of a large number of poor people on relatively poor poor and insufficient attention. Lack of uniform relief system and mechanism.
Social Assistance Act drafted many years still stranded, since the last century, 80 years, Medicare issues plagued Chinese society has gradually become a 'chronic' problem. In calendar year since 2002 'Social Blue Book', the Horizon on the 'quality of life of urban and rural residents' survey showed that of the' social security 'and' health care reform, 'the rate of social concern basically being ranked in the top six . Medicare problems of urban and rural poor families a greater impact. In China's poor population, poverty caused by illness factors to account for 30-60% in some areas up to 70%.
(A) protect the interests of vulnerable groups, medical unsound historical reasons a. Legal protection of rights and interests of vulnerable groups lack of awareness of the lack of awareness of rights protection of vulnerable groups, vulnerable groups is considered inferior, the concept of equality can not be popular, but it will not in itself vulnerable to fight for their rights protected. 'Constitution' Article 33 stipulates: 'The People's Republic of China citizens are equal before the law.' 'Constitution' Article 5: 'No organization or individual may enjoy the privilege of being above the Constitution and the law.' When an equality of citizens rights have been infringed upon, to bravely pick up the relevant legal weapons to protect their legitimate rights and interests. From the theoretical and legal terms, vulnerable groups are also members of society in a, like others, have equal social status, are not inferior. However, in real life, vulnerable groups in society lower. Awareness of the concept of discrimination against vulnerable groups more common interests of vulnerable groups lack of awareness of legal protection of vulnerable groups should not get basic respect as citizens, their medical CSC security there can be no talk about.
2. The long-standing rule of man thinking by thousands of years because of the rule of man thinking, social transformation and the judicial system is not timely follow-up, some old ideas and judicial bureaucracy, including the handful of judicial corruption, leading to a rights of vulnerable populations eventually formed. Backwardness of the judicial system and the low quality of some judicial officers and even corruption, so that people fight for the right to relief the need to pay higher costs, some even higher relief the subject. When people pay huge costs for the defenders can not reverse the situation, when the right balance and social harmony will disappear, the medical interests of vulnerable groups are not given appropriate protection. From another side, our socialist rule of law remains to be done.
3. Traditional culture traditional culture is also one of the causes of vulnerable groups. Chinese feudal society, the traditional culture of privilege and class so that people lack the pursuit of equality of power, most people when their rights have been violated often bad luck, lack of awareness of protest. Personal rights of vulnerable groups, democratic rights, human dignity, often can not be guaranteed. Social rights of vulnerable groups vulnerable resources that they 'stay away from social rights center' mastered few resources, despite the large number, but their sound is difficult to express them in society. Less involved in social and political activities, it is difficult to influence public policy development; social relations resources vulnerable, and vulnerable groups are closely related to people, but also the lack of grasp of social rights and social resources; while disadvantaged social prestige and professional status, and did not get social due attention and effective assistance. In disadvantaged when vulnerable groups affected by the influence of traditional culture, the lack of equality in the pursuit of weapons to safeguard their own interests.
(Two) rights protection of vulnerable groups of medical problems in a practical reasons. Changes in the economic system of medical interest in protection of vulnerable groups in the reform and opening up the impact of a longer period of time, China did not attach importance to the coordinated development of social and economic problems, but very keen on high-speed pursuit of economic growth. People tend to develop problems attributed to a speed of economic development issues, and then turn the scale of measuring development success is attributed to a high-speed economic development issues, that high growth rates of GDP. Originally, the emphasis on economic policy is not wrong, but if both despise social policy is extremely harmful. Because, once lost social policy barriers, then the major groups of society is bound to occur and cause weakness of the case in many other social problems, lack of protection of vulnerable groups of medical interest is thereby caused a problem. Of course, for that matter, it should be recognized that any economic system, which is a period of change will occur, the old model in the new gradually changed or eliminated under a normal reaction, but absolutely can not simply be attributed to all the problems in the economic system itself .
2. Household registration system restricts the protection of vulnerable groups, medical interest is due to China's economic structure is the dual economy, China's social security system also presents dual structure. Urban household population can rely on urban social insurance, the rural population can also enjoy the new rural cooperative security, while the urban population of these flows (especially migrant workers) it is difficult to enjoy the lowest Medicare, can only become the edge of town people. Cause of the lack of a sound social security for migrant system, not to mention a sound health care system floating population. Although there are some provinces and cities to establish a social security system of floating population, but because of the content of the imperfect system itself, combined with the effectiveness of these laws and regulations of a lower level, its implementation is not satisfactory. Such implementation of the floating population differentiated with the public social security benefits, serious violations of the legitimate interests of the floating population, but also extremely unfavorable to the free flow of urban and rural population.
3. Awareness of the rights of vulnerable groups and their lack of capacity at this stage of growth in the number of vulnerable groups was evident. From the general characteristics of the analysis, in addition to low income levels, living in poverty, the most obvious feature, the country vulnerable groups in the following areas still exist significant disadvantage: older, physically weak, low level of education. Disadvantaged groups generally low level of education, low culture led them lack legal concept, but know how to use the law to protect themselves, because the lack of legal knowledge of vulnerable groups and rights awareness, once Infringement, some due to ignorance of the law and give up rights; Some take no rights basis and often can not be foreseen in advance so that vulnerable groups may be the risk of self-protection, rights and interests in the face after the damage often do not know how to use legal weapons to safeguard their own interests.
4. Existing legal aid system is not fully functioning government legal aid is established by law, so that citizens enjoy equal legal help right the judicial protection system can not be regarded as legal aid surface to put public welfare. In essence, constitute a national legal aid system is an important part of the justice system, the establishment of national legal aid system is the legal government of national civic obligation, not charity. However, some of the current widespread misconceptions hinder the process of development of legal aid. For example, legal aid is that welfare should be handed down to the community, the government money to do, money Shaoshao do, no money do not do: that is the law of legal aid services, should be handed over to law firms and other legal service organizations running a legal aid duty counsel should not be so. So, since vulnerable groups rely on their own legal aid the healthy development of the existence of such problems, then when the medical interests of vulnerable groups are not guaranteed, how about relying on legal aid to protect their legitimate rights and interests.