The Analysis Of Legal Remedies About Social Assistance

The paper is concerned with a variety problems existing in the current social assistance system of legal remedies, based on the analysis of the basic ideas and theoretical framework of social assistance. It focuses on the exploratory path analysis on improving the legal remedies for social assistance, with the help of beneficial experience and advanced measures taken by other countries through legal remedies to protect citizens'right of social assistance. This paper is divided into six chapters:The first chapter is an introduction part, focusing on the research background, domestic and foreign theories and methods of research status, research ideas and content of the articles, significance and innovation. The second chapter on comparative analysis of domestic and foreign scholars'definition of social assistance, to clarify the meaning of social assistance, social assistance and legal relief, also on brief description of the basic relationship between social assistance and legal relief, analysis of the basic methods to get social assistance and legal relief, finally declaring the most important way for the citizens to get law social assistance is judicial relief and administrative relief. The third chapter reviews the development of China's social assistance system in several decades, confirming progress made in practice and the development the legal relief for social assistance The main problems are analyzed. The fourth Chapter analyzes framework of the social assistance and legal relief embodied in the of theories from the civil rights and state responsibilities and obligations; Chapter five takes the Administrative Tribunal in the UK system, the German court system and American society of social security, appeals committee system for example, on the extra-territorial social assistance system of legal remedies, trying to learn from each other, draw on the useful experience of foreign countries. Chapter six from social assistance to develop a unified national law, reform administrative review system, improve the existing system of judicial relief, establishing a social assistance system and the specialized nature of public interest litigation in the social assistance system of judicial relief in these areas, combining theoretical and practical way, put forward advices for legal relief of social assistance.