On Improvement Of Social Assistance Legislation Of Gansu Province

Social assistance legislation is an authoritative norm of social assistance system, which is important for arrangements of social assistance affaires and rational distribution of various responsibilities and rights. As investigations on social assistance legislation of many provinces in China have been improving, the study of social assistance and its legislation in Gansu Province turns out to be more significant. According to the definition given in the third item of The Social Assistance Law of People's Republic of China (opinion soliciting draft), " social assistance " in this thesis refers to the material assistance services provided to those citizens who cannot live on their own by the government and society. Judging from its name, provincial assistance refers to the material assistance services provided to those citizens who cannot live on their own by the provincial government and society. Through a comparative study of social assistances in different provinces, the best way to improve the legislation of social assistance in Gansu Province will be fully discussed.After the basic concepts have been clarified, this thesis first introduces the related theories of local legislation and the executive state. Secondly, on the one hand, through a comparative study of social assistance regulations of different provinces and by viewing social assistances of different provinces in China from the whole, the present author obtains such an conclusion that the agreement, principles, items, management system, and legal duty of the social assistance of different provinces share large amount of similarities, Then, the present author analyzes the reasons for agreement from perspectives of economy, ideology and similarities of poverty problems On the other hand, by viewing the social assistance of different provinces from micro-perspective, the present author also discovers many differences in assistance object, assistance standard and assistance method among the different provinces. In addition, the present author studied the reason of these differences, for she has found that different provinces adopt different tentative to improve their social assistance, such as awarding institution for employment, establishment of "Sunshine Supermarket" which is charitable to low-income citizens, the collection and guarantee system of social assistance fund, the utilization system of social found and the procures of social assistance. The present author holds that these differences result from pursuit of essential equality of legislation in theory and the unbalanced development situation in practice. Besides, for there are differences in distribution of fatal natural disasters, and theoretical and practical depth and width also vary, different provinces in China stipulate their specific laws on social assistance.After the full comparison of social assistance on the provincial level, the thesis focuses on improving the legislation of social assistance in Gansu Province. By clarifying the stage of social assistance legislation of Gansu Province, with the help of the enlightening from other provinces, the present author put forward a general regulation and a specific regulation for improving the social assistance of Gansu Province according to the reality of it. The general regulation includes seven items, such as the agreement, basic principles, types, content, governing institutes and the legal consequence of the social assistance, so on and so forth; while the specific regulation contains object of social assistance, standard and founds, assistance on compulsory education provided for minorities in rural areas. Finally, the present author tries to put forward a social assistance regulation of Gansu Province in terms of local legislative proposal.