Analysis Of The Legal System Of Social Relief

The problem of poverty related to the human society has been an obstacle to the development of the human society and many social problems are related to the poverty in the final analysis. To Eliminate poverty becomes the common understanding of the world, while the legal system of social assistance is designed to cope with poverty. Obstructed the weakness of principle study and the limitation of practice, the social assistance system in China has difficulties in taking a step and can't bring the full function of the system. So the author is intended to reconstruct the social assistance. Firstly, after introducing the framework of the social assistance, the author studies the development of social relief in ancient times and the present content of social assistance in western countries, then the author makes an analysis of the problems of traditional social relief in China, Secondly, referring to the practice of OECD's countries, the author focuses on the minimum living guarantee system to reconstruct the legal system of social assistance, at the same time, the author puts forward that, for protecting the right of existence and development of citizen, the minimum living guarantee system is a synthetically project including education, medical assistance other than only a cash income preserve. Considering the character of disaster relief, the author makes an analysis of it alone in another paragraph. At the end, the author introduces the system related to the legal system of social assistance.Part One: The social relief policy in China and aiding-the-poor policy in western countries make up the full view of social relief relatively in ancient times. With the development of the society and the changes of system, the thought of the social assistance changes too: The establishment of the stateresponsibility and the development of human rights make up the basis of modern social assistance theory.Part Two: The system of social relief has developed and achieved great success since the founding, but the weakness is clear: the instrumental function of the social assistance to politics and society is obviously other than the human rights security function.Part Three: The change of thought is critical to the reconstruction of the social assistance in China, so, firstly, we should increase input and reform the system in the cities and rural areas at the same time. Secondly, we should speed up the legality progress of the social assistance and definite the rights and responsibilities, assisted by law strictly. Thirdly, we should strengthen the coordination of the social assistance and other systems.Part Four: In the final analysis, the disaster relief belongs to the social assistance. After definition of the concept of disaster relief, the author makes an analysis of the weakness of the traditional system, and then puts forward some suggestions, The emphasis is the cash resource in relief and reconstruction.Part Five: It is impossible to eliminate poverty through one system's practice absolutely. Social assistance .should coordinate with other systems to achieve the goal of eliminating poverty.