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Research On The Legal Mechanisms Of Non-governmental Organizations Participation In The Social Assistance

Posted on:2012-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:D X QuFull Text:PDF
GTID:2216330338973626Subject:Legal theory
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China's social assistance is mainly by countries as the main body, and with the development of social economy, social structure change sharply, social demand also gradually complicated, pluralism, countries should deal with all kinds of public affairs more and more, in providing social assistance, which also needs a new solution to compensate for lack of government itself. Judging from the domestic and international public goods "privatization" or "social" has become a trend. Social assistance as the government must face the public affairs, is the most basic social security part is social problems and to maintain social stability of the important mechanism. However, the majority of social assistance can only passively depend on government, the lack of active participation of the involvement of other forces, in need of assistance before the transaction can play a role in the relief and rescue the main ways are often too simple, aid limited capacity of aid effect. Non-governmental organizations to participate in social assistance can effectively solve the single subject provide social relief deficiencies, and participating in social assistance to plays NOG due function, supervisory authority to prevent corruption, improving the rule of law in our country level, promoting social harmony and stability. This paper non-governmental organizations and social assistance from the concept of both at home and abroad, this paper, on the basis of various views of two concepts defined in the rule of law should be connotation, on the view of the relationship between the analysis, thus participate in social assistance to discuss the mechanism.First, down from a governance perspective of NGOs and social assistance. Governance theory is based on the basic spirit of cooperation, coordination between the diverse subject of common public goods provided under this theory, the existence of non-governmental organizations in theory have a legal status.By analyzing the mechanism of the new government under the governance theory of the function of non-governmental organizations, especially in the care of vulnerable groups, promote social fairness and justice, social mobilization and community advocacy, providing social services with government and the market is unparalleled advantages in promoting economic, social and comprehensive human development played an important role. And then NOG to participate in social assistance is necessity. Second, the legislative mechanism involved in non-governmental organizations and social assistance. Mainly the function of non-governmental organizations from the perspective of non-governmental organizations involved in legislative functions, the adoption of legislation in the legal protection of the social assistance more fairness, more consideration to the interests of vulnerable groups demands in the legislation to prevent process in the form and substance reasonably rational bias, to avoid the political elite. Third, the power control mechanism from the Perspective of NGOs and social assistance. From the perspective of the power control mechanism of the power under the constraints and non-governmental organizations, and non-governmental organizations involved in social assistance in the process of how the power of supervision.The power of the first analysis of the traditional constraints of traditional power mechanisms and the limited control mechanism, non-governmental organizations in their own unique way (such as direct democracy within civil society autonomy, not directly involved in the exercise of public authority), to compensate for the lack of representative, to protect their legitimate rights and freedoms of members. Non-governmental organizations that the constraints unique way, their participation in the process of all social assistance and can form the supervision and restriction of power, social assistance so as to achieve better results.In the non-governmental organizations associated with the analysis of social assistance after the two, and then through the participation of non-governmental social assistance in the investigation to understand the non-governmental organizations involved in social assistance status quo. First, the developed countries of western non-governmental organizations involved in the case of social assistance to understand the involvement of NGOs in developed countries the positive experience of social assistance to non-governmental organizations to participate in our community to provide reference assistance. Second, the introduction of non-governmental organizations involved in the case of social assistance, mainly earthquake, for example, analysis of the non-governmental organizations involved in the problems of social assistance:This includes non-governmental organization and management system problems, management issues and legal aspects non-governmental organizations of their own development problems. Through analysis of the non-governmental organizations involved in social assistance status, sum up experience and thus participate in our social assistance non-governmental organizations put forward the concrete implementation of certain recommendations.In conclusion, we have also discussed the participation of NGOs in social assistance, there may be a negative feature, namely, non-governmental organizations involved in the process of social assistance that may exist in the case of alienation made a certain amount of discussion:First, fear of opening up the right of association; freedom of association Contained in the natural pluralism, separation of powers doctrine, out of our history, culture, political system considerations, as well as social stability considerations, the right to freedom of association would be open to the authority of the State, the functions of government has been weakened. Second, non-governmental organizations involved in social assistance that may appear in the case of alienation, which deviate from the orbit of our ideals, not reach the desired results. This includes non-governmental organizations may participate in social assistance by the name of money-making or inefficient use of funds.
Keywords/Search Tags:Non-governmental Organizations, Social Assistance, Legislative participation, Power restriction
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