Research On Legislation For Minimum Standard Living Security System In China

Today, the minimum standard living security system has covered the whole country, but the legal system hasn't met the need. The State Council enacted the Regulations on Guaranteeing Urban Residents'Minimum Standard Living in September 1999 and in July 2007, the State Council enacted announcement on setting up Rural Social Security System for Minimum Standard Living in China, but the minimum standard living security legal system which integration of urban and rural areas hasn't be draw up. The legislation for minimum standard living security system is the basic of establishing the minimum standard living security uniform legal system. It can ensure the realization of the equality of the city and countryside, and protect citizen's rights to live, which is also a necessity for implementing the out look of the scientific development and constructing harmonious society.The thesis uses the methodologies of historical analysis, comparative analysis to explore the legislation for minimum standard living security system. This paper consists of four parts. The first part elaborated the history and problems of the minimum standard living security legal system in China. Firstly, it examined the quality of the minimum standard living security legal system. Secondly, it elaborated the history of the minimum standard living security legal system in China. It finds out problems of the minimum standard living security legal system, which including uncertain law system, low legislation level, irregular legislation, the problems of legal principles and rules.The second part analyzed the rationality of legislation for minimum standard living security system. Firstly, it elaborated the necessity of legislation for minimum standard living security legal system through elaborating the protection of human rights, promotion of social equity and improvement of social assistance legal program. Secondly, it elaborated the feasibility of legislation for minimum standard living security legal system, through analyzing the environment and basis of law of legislation for minimum standard living security system, and researching and discussing on legislation experience of overseas minimum standard living security system. Thirdly, it described the structure of Law of Minimum Standard Living Security.The third part elaborated the total idea of the legislation for minimum standard living security system. Firstly, the uniform Law of Minimum Standard Living Security should be draw up to raise legislation level. Secondly, the principle of rights to live, the principle of the government's duty, the principle of universally applicability should be maintained.The fourth part elaborated the specific system of the legislation for minimum standard living security system. It analyzed the minimum standard living security legal system in the security recipients, security standard, security allowances and procedure of law.There is"People's Republic of China Minimum Standard Living Law (Draft)"(Academic Proposal) laid down in the later, as an incidental research results, for the legislative reference.