On The Administrative Benefit System

Administrative supply is an important administrative act system and a crucial manifestation of modern services administration. Its theoretical and practical significances on the promotion of the livelihood of the executive lie in constructing a scientific theory of administrative supply, identifying responsibilities and obligations of the State’s payments, laying the sound foundation for constitutional social rights and the administrative benefit right in administrative law, establishing appropriate administrative procedures and effective supervised relief mechanism. Starting with the definitions of administrative supply, focusing on the rights and obligations between the government and its citizens,inheriting the traditional logic of thinking: subject-behavior-procedures-monitoring and relief, and using theory of public law, this paper explores the essential functions of China’s administrative supply, its value bases and applications. Then, a couple of suggestions are given on how to improve China’s administrative supply. In addition to the introduction, the paper falls into five parts.In introduction section, the reasons why the topic is chosen are illustrated. Meanwhile, a brief overview of the research literature at home and abroad is given and the research methods adopted in this article as well as the research ideas are elaborated.The first part mainly discusses the definitions of administrative supply, its functions and the trend of its historical development. The concept of administrative supply can be understood either in its narrow sense or its broad sense, with the former refers to the administrative assistance and the latter is the general administration of the supply. This paper adopts the broad meaning and analyzes the administrative supply and its related concepts. As far as the administrative supply is concerned, it can be characterized by its payment subject, payment object, payment forms and procedures. Its essence, a beneficial administrative act, is manifested with survival and care as its primary purpose, property payment as its main content and non-mandatory measures as its main mode. Moreover, the functions of administrative supply are illustrated as follows:elimination of poverty and social exclusion as its social function, benefit distribution to facilitate development as its economic function, maintaining stability and reconstruction of legitimacy as its political function and maintenance of social fairness and justice as its legal function. The historical development of administrative supply sees the various focuses on the four functions. Based on the above discussion and analysis on the British Poor Law tradition and the German social insurance Law tradition, this paper points out the historical patterns concerning the transformation from discipline administration to supply or benefit administration, from direct to indirect administrative supply. Likewise, China also faces such a system transformation.The second part focuses on the analysis of the constitutional basis for administrative supply. As an administrative payment system, it aims at the legalization of citizens’ beneficial interest and government administration payment. This paper argues that social rights are the bases of administrative supply while the beneficial interest of administrative law is a specific right. To avoid the hollowness of a constitutional social right, the government is supposed to respect, protect and execute obligations. Therefore, the establishment of the state obligation system will contribute a lot to the security of citizens’ social rights and improvement of administrative supply.The third part explores the basic principles of administrative supply which is composed of supply administration, social security administration, subsidy administration and so on. The principles, serving as guidelines and complements to legislation, execution and jurisdiction of administrative supply, include social state principle, the legalism principle, state subsidiary principle, equality principle, trust protection principle and openness and fairness principles. The legalism principle consists of law superiority and law reservation. In particular, the principle of law reservation and subsidiary principle have profound influence on China’s administrative supply system. Hence, they become the focus of this chapter.The fourth part studies the procedure construction for administrative supply. Based on the proper administrative procedures, administrative supply is supposed to be applicant-oriented, which can keep a balance between dignity and fairness and be efficient executively, and can help reestablish the cooperative administration between the administrative subject and the administrative counterpart. The Flexible Due Process in American welfare administration and German social supply procedure provide rich experience, and China is supposed to take advantage of the legislation of Administrative Procedure Act, to improve the procedures of investigation and hearing pertaining to administrative supply system, and construct a humanized administration. The fifth part investigates the supervision and assistance mechanisms of administrative supply. To start with, this article compares the British social security appeal tribunal system and Japan’s Municipalities Ombudsman system and finds that there are many similarities in terms of supervision and relief systems, which may be learnt by China. In view of China’s current supervision and dispute resolution systems concerning administrative supply, some suggestions are provided. First and foremost, precaution should be put first in terms of supervision concept. The principle of openness should be carried out in terms of monitoring procedure, and public participation awareness should be reinforced in terms of supervision means. Only in this way can the current supervision system work efficiently. Secondly, it is the time that the letters-and-calls system and the administrative reconsideration system be bettered, and more attention should be paid to the executive’s role in dispute settlement mechanisms in order to provide a relatively simple, quick and cost-effective relief procedure. In addition to this, the realization of categorization of administrative litigation is helpful to improve China’s litigation system.