A Research On Administrative Assistance

Since the reform and open policy, our country economic development, the political reform and many aspects have achieved the astonishing achievement, but it does not allow to deny that also gradually brought along with the readjustment of the economic structure which has or exposed many problems,maybe impoverished was the problem which bore the brunt, therefore the assistant studied and the assistant system is imperative. Our country tradition rescue way is family rescue and cooperation mutually Jinan, but along with urbanized and the industrialization advancement's advancement, the respected family is substituted by the small family , the traditional rescue way disintegrates naturally gradually. Since therefore the modern times, the social assistance receives the esteem. But in China under the environment of this kind "big government, small society" , social resource collection and assignment is deficient in stability, also has not formed the institution. Thus, the administrative assistance is suitable the Chinese national condition, also safeguards the impoverished crowd effectively and earnestly.This article elaborated and has analyzed the administrative assistance correlation theories and the concrete practice condition from five aspects.In the first part, this article has limited the administrative assistance concept and the characteristic and has carried on certain functional analysis about it. The administrative assistance is that when individuals or groups of members of society because of their personal abilities, disasters or emergencies, such as the reasons for which life in trouble, threatening their basic survival and development, the State Government to set procedures to give them help, guidance and assistance, Maintain their basic survival of specific administrative act. Such a system is suitable for Chinese national conditions and is also one of the most effective protection ways. This is a kind of support to the vulnerable groups, the bottom of the survival of the people , and in function, it is reshaping the government image and status in the hearts of citizens , benefits political stability, while also reducing the number of threats to social stability and long-term stability of the negative factors, maintaining social order;social assistance can enhance the economic capacity and purchasing power to promote economic development in a benign cycle and also protect the freedom of people,which is to protect the citizen's basic rights. On the negative sense, the assistance may become an excuse of the erosion of state property and deprivation of property rights of all citizens , but the long-term stability to ensure that aid recipients to survive without worry, to some extent,it produce the feeling of depend on it ,so losing the original meaning which the system design for . In the second part, this article has discussed the administrative assistance related traditional thought and the legal principle theory of law basis as well as really decides method the basis, thought that our country ancient times's rescue thought was well-established, what by was most famous was the Confucianist "the people book", "the kind politics" and "Datong" the thought is representative. Legally, philosophical theory methods west of observation, justice, equality, rights, security value is for the implementation of the relief system and provide essential support in the theory. States the Constitution and laws as an example to strengthen and improve the administrative assistance legislation is the national legislation or the international law trend of the times. In the third part, this article introduced the administrative rescue's related principle, stressed especially the special principle, including universal and the special disposition union principle, the principle which the survival and the development unify, the moderate principle as well as the civil law are suitable the principle and so on. Also elaborated the administrative assistance main body and the right as well as the covering content scope, pointed out that this system's support right including the right to subsistence, the right to development and profits the power, covers the survival rescue, the medical rescue, the disaster to rescue, the housing rescue, the legal help specifically and so on. In the fourth part, this article elaborated emphatically the administrative rescue system's of dependent program, thought it divided by general procedure and the simple procedure, its start-up procedure including starts and the administrative relative person on own initiative by the Administrative organ according to the authority proposed applies for two ways. The fifth part emphasized our country administration rescue urgently awaits the place which strengthens and consummates, including we must consummate the legislation, formulates unified "Administrative Assistance Law"; expand rescue scope and the object, expand the rescue domain; perfect fund raising mechanism as well as strengthens the active oversight mechanism. And the final analysis pointed out that, administrative assistance to implement and practice the perfect touch on a deeper level of cultural and economic life of the soil, a long-term arduous task and the road waiting for people to bear.