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经过长期发展,我国建立起以社会保险、社会救助、社会福利和社会优抚为内容的保障体系,但社会保障却呈现城乡二元对立的形态。农村社会保障形态正是在这种二元结构的语境中,接受着经济、土地、人口、政策和法律等诸多因素的影响,历时性地发生了。在这个过程中,农村社会保障形态缺失了农民社会保障权利的实现和政府的义务性支撑,更深层次上缺失了国家法律的规制。解决这种形态的缺陷,需要在法治中实现以生存和发展为内核的基本权利以及社会保障平等权,扩大劳动权和社会保障权的主体范围,逐步消除城乡对立,实现社会保障的公平协调发展。
After long-term development, China has established a guarantee system that covers social insurance, social assistance, social welfare and social special care. However, social security shows the dual opposition between urban and rural areas. It is precisely in the context of this dual structure that social security in rural areas takes on many factors, such as economy, land, population, policies and laws, and so on. In this process, the form of social security in rural areas lacks the realization of peasants’ social security rights and the obligatory support of the government, and lacks the regulation of national laws on a deeper level. To solve the defects of this form, we need to realize the basic rights of subsistence and development as the core and the equal right of social security in the rule of law, expand the scope of the main body of the right to work and social security, and gradually eliminate the urban-rural opposition and realize the fair and coordinated development of social security .