Study Of The Legal System Of Social Relief

This thesis is on the study of social assistance legal institutions.The purpose of this research is to theoretically inspect the social assistance legal institutions'historical changes and theoretical basis,the operative effectiveness of Chinese relative institutions and the legislative idea of Chinese social assistance according to the concept of economic law and in the light of social distributive law,in order to widen the theoretical achievements in the research of economic law and provide some theoretical support for the legislation of Chinese social assistance.The dissertation (approximately 240,000 words)mainly consists of four parts except introduction and conclusion.Part one is about the historical investigation and the comparative analysis of the social assistance legal institutions,which includes the etymology of 'social assistance',the commentary on the relative institutions in foreign countries or regions,the observation on Chinese relative institutions and the comparative analysis in the light of historical changes between China and the foreign ones,and so on.The author holds that 'social assistance' is a modern and meaningful concept which comes from the concept of helping to tide over a crop failure,providing disaster relief and relieving the distress,and is a kind of countermeasures and actions that state and society provide the lowest life security meanwhile considering the development appropriately for the citizens when they meet the long-term or short-term poverty by mobilizing the redistributiion of the social wealth.lt reflects a sort of distributive relations of social wealth wholely,which is mainly finished through the redistributive methods. Its aim is to overcome the poverty and its implement is distinguished into common assistance and critical assistance (or long-term assistance and short-term assistance),and its compulsory subject is state and society and its right subject is the whole citizens,and its contents of rights and duties are mainly the delivery and enjoyment of some material benefits,and its object is the material benefits,and its range is expanded steadily along with the progress in social civilization,and its level is limited by the degree of economic development.It is regulated by the relative legal institutions in modern society.By means of the comparative analysis in the light of historical changes between China and the foreign ones,the auther considers that their similar aspects are that the supply of the relative institutions both reflects the the demand regulating the relative redistributive economic relations intervened by state appropriately,both reflects a kind of legal adjustments for the relative redistributive economic relations;the relative legal institutions are paid more attentions to generally in all countries;the succoured objects are all distinguished into common ones and special ones generally;citizens receiving social assistance experience the changes from bounty to right generaily;social assistance undergoes the development style from negative one to positive one and the changes from free burdens wholely to burdens of some duties;the functions of nongovernmental strength in social assistance are paid more attentions "to generally.Their different aspects are that the patten option of distinguished institutions for the urban and rural areas is different;the special emphasis on the contents of social assistance is some different;the level of legislation for social assistance is different;the purpose and the guiding ideology of the design for the social assistance legal institutions are different.The existence of these general and specific characters reflects a kind of expressed ways on the basis of public choice that provides the satisfactions for the human common demands and reflects the sustainable attemps and efforts of legislators in the design and implement of the social assistance legal institutions;and at thesame time reflects the path dependence of the relative connected institutions in the design and implement of the relative legal inst...