The Research Of China’s Social Assistance Legislation

Poverty, known as "the mother of social problems, a common phenomenon intoday’s world.Since the beginning of the humans, the problem of poverty has alwaysplagued the development of society, has historically been of concern toGovernments."Anti-poverty" has become a global consensus.Practice has proved thatcountries: social assistance to overcome and alleviate the poverty of the mosteffective measures and institutional arrangements, both developed and developingcountries have attached great importance to the social relief work, mostly covered bythe social security system in more than160countries around the worldthe socialassistance system.China’s reform and opening up30years, economic level has improved by leapsand bounds, significantly improved people’s living standards, poverty has been greatlychanged, the social problems generated by poverty has been contained. However, withthe economic system and social transformation, some new problems of povertygradually prominent, such as the gap between rich and poor is too large, urban andrural areas lack of coordination has constrained the economic and social development,social assistance problems of government and scholars attention.Carry out the work of social assistance must have a system viable legal basis andinstitutional support, namely a set of comprehensive social assistance and legalsystem. In the social assistance system developed in the United Kingdom, the UnitedStates, Japan and other developed countries have established relatively complete legalsystem of social assistance, and China’s social assistance legislation is confined to theweak theoretical studies and practical limitations, difficult, not only the lack of asystem perfect harmony, and proper specification operability take into account thereality and long-term social Assistance Act, and the social salvage object, scope,methods, procedures, etc. are carried out in accordance with local policies andadministrative provisions of the organs, the lack of a unified, scientific andnormative, to practice some operational inconvenience. Horizontal analysis of thenational social assistance system found in some Western countries in the advancedexperience of the social assistance legislation, such as the protection of the right tosocial assistance, determine the principle of state responsibility, a clear source offunding of social relief, social assistance project system and social relief Act form; by longitudinal investigated the history of the development of China’s social assistance,but also found some deficiencies and shortcomings of the legislation, such as law,philosophy behind the legislation, urban and rural areas out of step, the relief is toolow. To solve these problems and shortcomings, the author puts forward somesuggestions to improve the social assistance legislation, such as improving the law, toupdate the concept of relief, strengthen the protection of the right to social assistancein order to be useful to improve the social assistance law.