The Research On Our Social Assistance System

Social assistance is a kind of social security system for those people who suffer from calamities, loselabour capacities or have low incomes in order to maintain their minimum standard of living. It is set upespecially for poverty-relief, and it serves as the most elementary measure in social security system.According to the45thprinciple of the Constitution, it is unequivocally stipulated that citizens of People’sRepublic of China (PRC) are endowed with the right to acquire material assistance from the countrygovernment or social organizations when they are at old ages, attacked by diseases or physically disabled.Therefrom, social assistance is guaranted by the Constitution. Ever since Social Insurance Law of PRC wasannounced and put into effect on1stJuly,2011, great concerns have been aroused on the legislation ofsocial assistance which is called "the last protecting line". Social assistance is aimed at getting rid ofabsolute poverty, it reflects the principle of equity and ensure those below the basic living standard a betterlife. Nowadays, our nation is devoted to the construction of social assistance and mechanism, and it hasbuilt up certain legal systems, which lay an institutional foundation for social relief and aid.Based on the concept of human rights guarantee and analysis on legal principle, this thesis makes aresearch on the legal system of social assistance from the perspective of the development of rule of law ofour country’s modern society. By analysing the shortcomings which appear in the process of theimplementation of legal system of social assistance, the thesis makes more comprehensive and deeperconsiderations on actual problems of concept, supervision strength and legislation technology, and providesthorougher suggestions with an hope to see improvements on the legal status of social assistance and itsfunction to guarantee citizens’ basic right to live so as to maintain social stability.For this reason, as far as the author is concerned, we should borrow ideas from other countries’achievement on social assistance system and experience on legislation in line with our national conditions.To perfect the legal system of social assistance, we should adopt scientific legislative standard, make surethe legal system is in accordance with our social development, establish urban-rural legislative integrationand further the development of supervision mechanism on judicial assistance. Besides, we should alsoshow clearly the indispensable function of social assistance on citizens’ right to live, develop, and social rights by way of legal construction and theory study. All in all, with an aim to secure human rights, thethesis comes up with the idea that all citizens should take part in the national assistance by applying theanalytic methods of fairness and justice, discusses the basic principles of our nation’s social assistance andconfirms the multi-level framework of our nation’s assistance legal system.The thesis consists of four parts:The first part: Introduction to the theoretical foundation of social assistance system. In this part, theauthor summarizes and defines social assistance system. Mainly from the perspective of idea and conceptof human rights, he expounds the legal foundation of social assistance system and probe into the evaluationof value foundation of social assistance system.The second part: Analysis. In this part, the author makes an analysis of changes of social assistancesystem both of ancient times and modern times and problems in our nation’s contemporary social assistancesystem. In light of history, the author tries to seek roots and trace to the resources of our nation’s socialassistance system.The third part: Overview of other countries’ legal system of social assistance. In this part, the authorinvestigates some developed countries such as Great Britain, USA, Switzerland and some Latin countriesand makes some corresponding conclusion of their legal system of social assistance. After researching,comparing and analysing the general features of legal system of social assistance of developed countriesand the author finds some experience we can learn and borrow for our legal system of social assistance.The fourth part: General thinking of the improvement for our legal system of social assistance. In thispart, the author states that we should build up new concepts on assistance system and creative mechanismsto promote the development and improvement of social assistance system.