Research On Social Work Legislation In My Country

After a 40-year hiatus in China,social work was first restored in 1988 by a small number of universities,such as Peking University.In the initial stage,social work "walked alone" away from the practice of social work service.In 2006,the sixth plenary session of the 16th central committee of the communist party of China adopted the decision of the central committee of the communist party of China on several major issues concerning the construction of a harmonious socialist society,putting forward the strategic requirements for building a large contingent of social workers.After the ministry of civil affairs,ministry of personnel in July 2006,jointly issued by the occupational level of the social workers and provisional regulations,establish our country's class level evaluation system of professional qualification system of social workers,after the system via the national medium and long-term talent development plan outline(2010-2020)",get the catalogue of national vocational qualification(2017 edition)"reserved,begin to enter the public view of social work.Central has issued the on strengthening the construction of professional social work talent team opinions such as policy document,at present has formed in the social work talent team construction as the center,using both talents,to run by the local social work services,the main organization form for the development of social work services,with social work service standard chemical industry as a career development of social work to provide technical support,the government purchasing the social work service for the development of social work career main channel,the increase in social work related party institutions and autonomous mass organizations at the grass-roots level to develop social work,We will make full use of the functions of non-governmental social work service agencies in attracting social work personnel,gradually develop social work undertakings in all fields,and form a policy framework for social work undertakings that go hand in hand both within and outside the system.Social work policies can only be translated into law,and only when the parties involved in social work and their interested parties have specific and definite rights and obligations can the cause of social work be substantially promoted.Shenzhen since 2007 in the form of local social work policy and administrative normative documents,with the level evaluation class social workers the basis of the professional qualification system,relying on social organization system,establish a social worker practice registration,social workers,professional title exclusive right,fiscal capital system such as position of the main channel for social work development.In 2009,the ministry of civil affairs issued the notice on promoting the development of non-governmental social work institutions,in the type of a people-run non-enterprise unit run by the local social work mechanism,to provide the institutional support for social work services,followed by zhuhai,shantou,and guangzhou and other places have administrative normative documents by the ministry of civil affairs run by the local social work organizations,on the basis of absorbing around reform experience,social work place the legal system reform and innovation,has launched "zhuhai social work to promote method","byelaw of shantou special economic zone,social workers and the guangzhou social work services ordinance,implemented a series of system innovation,Such as the level evaluation class social workers professional qualification system reform to the administrative licensing class professional qualification system,creating a social worker's practice registration system,yearly check system and compulsory education system,the original lack of legal administrative regulations on the basis of the non-governmental social work institutions access system local legal system,establishing administrative licensing class run by the local social work agencies access to the legal system,establish a social work institutions supervision system,etc.However,these legal innovations have the problem of legalization beyond the limits of administrative licensing.At present,government procurement of social work services is the main channel to promote social work.The central government's policy and administrative normative documents on government procurement of social work services include all kinds of social organizations,enterprises and public institutions in the procurement target,but this legal innovation lacks corresponding legal support and cannot be put into practice.At the same time,some new legal disputes in the practice of social work services,such as zhongshan star across social work contract dispute,credibility challenges facing social workers professional level certificate,these are called for countries to speed up the legislation of social work,reform and improve the existing system of social work,absorbing foreign advanced system,with the minimum of system reform cost will establish a unified,suitable for all kinds of main body of the social work service market access system.The social work vocational qualification system of level evaluation does not have the institutional function of preventing the public,who lack the necessary social work vocational ability or the social worker vocational certificate,from freely entering the social work market and carrying out social work services.Fully in line with international standards under the background of governing the country according to law to promote the administrative licensing class social work of the professional qualification of legal reform is difficult,but a common social work service market and professional social work service market,common social work service market is not a admittance regulation,natural person and all kinds of social organizations,enterprises and institutions are free to enter;Professional social work service market to meet the requirements of professional social work service professional administrative licensing of the professional qualification,professional registration and the administrative licensing registered social work institutions access,social work institutions yearly check.registered social workers practice certificate yearly check,social workers follow-up education system reform and corresponding legislation should be a kind of both rationality and feasibility of the system.Normal market practice the level of social work evaluation than government permission class professional qualification regulation,all kinds of social organizations,enterprises and institutions and individuals are free to enter the social work service market,social work services,any government department in accordance with the principle of administrative law should not hinder them,this is the inevitable requirement of social work career under the rule of law.Common social work service market,social work service procurement person shall have the right to freedom of choice with or without social workers professional level certificate of social workers,as well as the registered or unregistered institutions of social work service providers,for their own social work is normal market operation rule of law and regulation,the market supervision and regulation department is responsible for the supervision and apply the general civil law.anti-unfair competition law and the protection of consumers' rights and interests.Developing and promoting professional social work has been included in the government work report of the state council from 2015 to 2018.When purchasing professional social work services,local governments put forward a series of professional requirements for professional social work service providers and their practitioners based on practical needs,and the professional social work service market came into being.Institutional change subject to the law of institutional path dependence,in order to overcome social workers professional level certificate credibility shortage problem and guarantee the social work of professional social work service market institutions and professional social workers,need to introduce as opposed to a social worker professional level certificate of social work education project certification system,To establish the eligibility of social work practice system,the eligibility registered social work agencies and institutions to supervise certification system,the eligibility of social work practice system of legal time limit of the requirement system,social workers practice registration,registered social worker title exclusive right system,social work agency administrative licensing system,registration system of social work organization name exclusive right.In order to connect with the system of government procurement of social work services,it is necessary to establish a unified system of access and certification of registered social work institutions applicable to non-profit registered social work institutions and for-profit enterprises and institutions.The professionalism of the professional social work service market must be sustainable,and it is necessary to establish a registered social work institution and its registered social workers annual inspection system and follow-up education system.The annual inspection system is the institutional guarantee of the follow-up education system.The competent department of social work administration shall conduct an annual examination of whether the registered social work institutions and their registered social workers have continuously met the market access requirements for professional social work services.Those who meet the requirements shall be issued an annual inspection certificate.The market of professional social work service needs not only professionalism but also legality and moral order,which needs to clear out the illegal registered social work institutions and their registered social workers as "bad money" in time.The regulation of access permission of professional social work service market belongs to the category of system recommendation in essence and does not violate the legal system of occupational freedom of social work and free access to general social work market.The social work service market includes the general market and the specialized market,but the general market is only suitable for the market surveillance legal system which the admittance is free and passes in each kind of market.The specialized social work service market shall be governed by the competent social work administrative organs and shall be governed by the specialized market supervision law on the basis of the market supervision law applicable to all kinds of markets.