The Examination And Preview Of The Minimum Living Guarantee System In China

The right to live is not only a fundamental individual right, but a basic factor of people's life. The minimum living standard guarantee system is the basic system for the realization of people's living right, so it will be of great practical value to study and analyze its history, theories and practice from the perspective of law and to propose some strategies to perfect it.This paper, first of all, discussed the general theories about the minimum living standard guarantee system. By comparing several related definitions, the author defines the minimum living standard guarantee as a law system for the administration to provide its citizens material assistance according to law prescriptions when they are living below poverty line, so as to guarantee their minimum living standard. Subsequently, the author compares the differences between the minimum living standard system and other two related systems. Based on the previous study, the author summarizes the system's law characteristics and explores the deep jurisprudence background related to it. Then the author turns to analyzing reality. He firstly reviews the system's evolution, and then induces the whole law system concerning the minimum living standard guarantee system, and lastly, draws conclusions concerning some problems that exist in the system. These problems are: the concepts in implementation of the protection of defects still exist and still thinking gift market; minimum living guarantee system for the lower level of legislative. The weakness in minimum living guarantees systems for law enforcement mechanisms. Not clearly specify the minimum living guarantee's basic principles. Not specified the types of assistance, scope and methods. After that issue, the paper on the contemporary Western developed countries, the minimum living guarantee system for comparative analysis, especially of the British nationals relief system, the United States public aid system, the Japanese system as well as the protection of the lives of German assistance to low-income families and families with special difficulties China's aid to the minimum living guarantee system for the useful experience and enlightenment. In the end, this paper, from the perspective that theories should serve practice, proposes the following three strategies to perfect the system: firstly, it is the logic presupposition to change the guideline for setting up the law. Secondly, it is essential to advance the procedures of the law. Thirdly, it is very important to perfect the blueprint of the minimum living standard guarantee system.