Study On The Legal Mechanism Of The NGOs' Participation In Rural Social Assisitance

The traditional system of social assistance in Mainland was arranged by government from the planned economy period. The government considers the rural social assistance as its own responsibility. With the development of market economy, The government began powerless gradually, and the NGOs could not play its due role to make up for deficiencies and the lack of market. Compared with other advanced countries and regions, The NGOs'participation in Rural Social Assistance services more necessary.It is the purpose of this article that to explore the feasibility of the construction of the legal mechanism of the NGOs'participation in Rural Social Assistance in the perspective of economic law. For this reason, this research determined the legal position of the NGOs as the main part of Economic Law and the Social Assistance Law ownership in Economic Law system, Combed theory of the NGOs'participation in Rural Social Assistance, then affirmed the significant role of the NGOs for the Rural Social Assistance. With method of comparative analysis, There are several major revelation from other countries and regions, such as sound legal system, harmonious relationship between government and the NGOs, Raising the NGOs'ability, etc. On this basis, to analyze the present situation in Mainland, The main constraints include lag in legislation, backward management, lack of capacity, the lack of overall social environment and so on. With the systems analysis methods and the concept of legal mechanisms, We see the Legal Mechanism of the NGOs'participation in Rural Social Assistance as a system which can healthy work. Starting from the subsystem of the legal mechanism, Divide the Legal mechanism into internal and external links: the internal links include Steering mechanism of justice, interest-driven mechanism, integration mechanism of the rights and obligations, the proceedings control mechanisms and accountability mechanisms of legal responsibilities; the external links include the legal establishment mechanisms, legal implementation mechanism, power protection mechanism, self-interaction mechanism and so on. Seriously study on the mechanisms above and propose practical countermeasures. Hope to make contributions in the improvement of the NGOs'institutional environment, the diversification of social assistance, especially to make a little contribution to the Legal mechanism of the NGOs'participation in Rural social assistance.