A Study Of The Social Assistance Legal System

The social assistance is the most important social system that could secure the people's livelihood. As an important organic part of the social security legal system, it stays at the bottom of the legal system and has become the cornerstone for co structuring the social security legal system. However, the legislative status of social assistance of our country is still in a relatively backward state. Compared with the western countries, there is still a big gap between our country and the western countries for the assistance contents and standards it has, the social assistance legislation has not been improved. The main problem is that the legislation of social assistance legal system of urban minimum living guarantee lags behind relatively, the legal system of rural minimum living guarantee,the legal system of medical aid and the legal system of housing security as the same. The problems of legislations results in low efficiency of the social assistance system of our country, the function of social assistance system is being in bad situation, resulting in unnecessary waste of social resources, is makes a substantial impact on the realization of the value of social justice and social equity.For the solution of legislative defects of social assistance system, I will focus on the theory of social assistance for comprehensive discussion and research in this article by discussing the definition of concept of social assistance, the theoretical characteristics and social functions of the social assistance system. Based on this theory, we should begin to discuss the relationship between the theories of social assistance and poverty and social rights, make a research of the relation between these theories, for making a legal basis of co structuring the theory of social assistance. Then, I will work on the basic principles and guidelines of social assistance system, after fully absorbed the essence of academic theories of scholars, I make the personal views and propositions and discuss the principles of social assistance system individually. Then , I list the most representative legal system of social assistance such as America,England and Japan for elaborating in the chapter of making a comment of foreign social assistance system. Making a detailed description of the developing process and unique character and the contents,structures and the arrangements of the system, analyzing the differentiation and compatibility of China's social assistance system, for starting the discussion below by paving the way. In the sixth chapter, I make a brief comment of the state of legislation of social assistance system by centering on the minimum living standard security system,medical aid system,housing security system. Pointing to understand the current defects of legal construction of social assistance, making the rational proposal for the legislation of social assistance, fully make the construction of social assistance integrated into the orbit of legislation, for the security of survival of vulnerable groups of society.