Font Size: a A A

Ngo Participation In The Social Security Legal Mechanism

Posted on:2009-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:P GuanFull Text:PDF
GTID:2206360248450978Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The traditional social security system in China focuses on a typical government-arranged pattern, which is to meet the requirements of planned economic system. Government plays the role of system establisher, policy executive, and security products provider. With the development of market economy, the "all-embracing government" pattern can no longer meet the needs of economic and social development so that it needs to be reformed. However, the ongoing system reform is still in plight of "all-embracing government", and the current system has been unable to face the citizens' growing and diversified needs.During the reform, it is an inevitable trend to include a number of participants. In other words, it is necessary to conduct and encourage non-governmental organizations to participate social security while further standardizing and improving the government's participation. In this paper, I focus on building a socialized and diversified social security participation system, via theoretical analysis and empirical observation, using useful experiences by non-governmental organizations (NGOs) which participate social security in the main western countries as source of reference, and considering the history and current status of the development of social security, and constraints of participating. Moreover, I have an in-depth discussion to how to build the legal mechanism for NGOs.Besides the introduction, this paper has three parts.The part 1 illustrates the theory basis for NGOs to participate in the social security, namely, necessity and feasibility. First of all, it defines the conception of NGO, social security, as well as the connotation of NGOs participating in social security. Based on the conceptions, it points out the view that the social security products are parts of public products, and the evolution of social security has a trend of needs and participants diversification. Furthermore, it indicates that market failure and government failure exist in social security supply. To make up the double failure and overcome the drawbacks of social security, introduction of public governance theory and welfare diversification theoretically supports the necessity for NGOs to participate social security. In addition, it links the nature of "sociality" of social security and NGOs' support function, shows the advantages of NGOs' participating in social security, and demonstrated the feasibility by analyzing the related examples in major western countries such as UK, USA, and Germany.The part 2 deeply analyzes the current status and constrains of NGOs participating in social security in China. Firstly, it reviews the development history of China's social security system and evolution of participants, analyzes the current status and divides the NGOs participates in current social security into "top-down" and "bottom-up", states that it still in beginning stage; then it primarily analyzes the factors that constrain the development of NGOs in social security, which include the following 4 elements:The 1st one is that the related law systems are unavailable for a long time, the existing orders stress control, management, and restrictions, instead of encouraging conducting, which directly leads to the development of NGOs are lack of support by systems.The 2nd component is that the government supervises NGOs very strictly so that a number of NGOs are actually run by the government. Therefore, the NGOs do not have essential independence and folk character, which enable NGOs to function social security.The 3rd element is that the government's participation in social security is offside. The government nearly provides all kinds of social security products, which limits the scope of NGOs.The 4th aspect is NGOs do not have an enough strong structure. The phenomenon of "lack of funds" and "misuse of funds" in NGOs exists, other factors, such as members' low quality, poor internal management and organized ability, directly limit effect of NGOs participation in social security.The part 3 is the key of this paper. It deeply and systematically discusses legal system on how to build and improve NGOs' participation in social security in China. The author believes, NGOs' participation must be based on current conditions in China, must be stressed and promoted by the government, must focus on legal aspects. Also, the author suggests the following 3 aspects: The 1st one is to clear the boundary between the government and NGOs when both of them participate in social security, ensure the development space of NGOs, and create opportunities for NGOs;The 2nd aspect is to properly deal with the relations between the government and NGOs. Currently, the coordination of their relations depends on government's attitude. In other words, the government should actively promote NGOs participating in social security, and ensure the ability of the NGOs, and then establish partnership that devote to social security together;The 3rd suggestion is to build improved legal mechanism for NGOs' participation, the primary thing is to clear the specific structure of NGOs which participate in social security, including beneficiaries organization, operation organization, supervision and management organization, etc. Then, it needs to establish the relevant legal system, further improve the supervision system to NGOs.Last but not the least thing is to build a self-regulatory mechanism for the government, including organization construction, governance mechanism, Accountability mechanism, industrial self-discipline supervision mechanism.
Keywords/Search Tags:non-governmental organization (NGO), social security, market failure, government failure, public governance theory, welfare pluralism
PDF Full Text Request
Related items