A Study Of The Legislation Of Social Assistance In China

The social assistance system, as the last safe line of the social securiy system, is fundamentally to safeguard the right to maintain and develop existence of some particular poor social members. However, for the lack of accompanying laws or regulations, the social assistance system has not been well established. Up to now, there are even no authoritative legal provisions in most aspects of social assistance; as to some abstract provisions in the constitution law has visually been ignored. Therefore, the social assistance system in China has just been lagging behind China's economic restructuring over recent years, and that has appeared to be increasingly obvious. Even we still use the name of social succor, which is somewhat antiquated. As a result that legislation in this respect is lagging behind, it is very difficult to form an independent legal system and cause a series of new social problems. So, legislation for social assistance should be put on the agenda as a major issue.The article is composed of three main parts. Part I is the study of the general theory of social assistance in order to open out the general rules of its emergence and development and the essential characteristics of itself. Part II focuses on introducing the social assistance system in different countriesand their concrete practice. Especially among tern, the article attach much importance to criticize the defects of the traditional social scour system in China, which are regarded as the basis of elaborating social assistance theories and summarizing social assistance rules. Based on the contents of the former two parts, Part HI mainly sets forth to establish the social assistance legal system legislatively in China, and the most important thing is to enact an united and overall Soda/ Assistance Law according to the present situation in China. Thus, i can confirm the social assistance's status andfunctions in the whole social security system, and make clear the social assistances characteristics, objects, contents and standard in the social clima^ and standardize the duties of executive organs and their staff members and the accompanying procedures of reporting, examining and approving. In view of the conspicuous poverty reality of the Chinese economy in a period of transformation, to establish a comprehensive social assistance legal system that will suit the socialist market economy system in China has become a very important and also imperative task concerning reform, development and the general situation of stability in the country. What's more, the article also adopts the comprehensive study method of many other subjects, such as economics, politics and sociology etc. Meanwhile, it includes some statistical data from the kinds of state statistical yearbooks, which make the article very convincing.