Timing, Difficulty And Perfection Of Social Assistance Legislation

Accelerating the social assistance legislation has been a hot topic in china. With the development of the economy, more and more attention should be paid to strengthen the social construction and to improve people’s livelihood. At present, China’s wealth gap is too large; many poor groups can’t obtain the relief of the country. At the same time, we are lack of a special "Social Assistance Act", which can give some detailed requirements in social assistance agencies, social assistance standards, the distinction of the objects of the assistance, the sources of the relief funding, and so on. The development trend on social assistance legislation is quite fine in Western Countries, resolving poor groups’life hood and playing an important role in the social assistance legislation. Through the widespread concern from NPC&CPPCC in2011and the draft of social assistance law, illustrate a fact that act in law should demand a systemic law. Just as the last safety net, the social assistance providing the lowest level of the hierarchy. If our country can’t provide these, certainly will do harm to the social stability and the development of economics. Therefore, strengthening the social assistance legislation is imperative, which is not only the inevitable requirement of the rule of the law, but also the inevitable move to build a harmonious socialist society.With the background and the process of constructing a harmonious society in our country, this study tries to realize the regulation of distribution of social wealth and narrow the gap between the rich and poor, so we can achieve the fairness and justice. This study is based on the existing results of contemporary science, such as legal science, sociology, economics science and other disciplines, and tries to carry out a systematic and comprehensive research on China’s social assistance theory and legislation theories. This thesis utilized the standard methodology, the real diagnosis methodology and the synthesis methodology to the several difficult points in the process of social assistance legislation. Specifically speaking, this research wholly follows the following research way:Firstly, demonstrated the importance of social assistance legislation from the following aspects, be good for Eliminating poverty, maintain citizens basic rights of existence, narrow the gap between rich and poor, reflect the fairness and justice, defend the social stability and harmony and realize the construction of rule of law of social security. Demonstrate the feasibility of social assistance legislation from material basis, theoretical basis, legal basis and basis of legitimacy and so on. All this demonstrate it is the time to carry our the social assistance legislation, Secondly, the thesis lay stress on three difficulty points, identify the organization of the social assistance, the source and the supervision of the relief funds and assistance liability. The three difficulty points are the core of this thesis. There is not unified assistance organization, and all is based on the need at the time, failed to become a long-term mechanism. Through the analysis of the organization of the England America and Japan, I believe that our country should establish unified assistance organization to clear responsibilities; encourage the development of the private relief agencies; strengthen supervision of the assistance agencies and sound team construction. Policy implementation depends on the relief funds, but the source of relief funds isn’t stable, and the finance proportion is unreasonable. Otherwise, social relief funds management has yet to be further improved. Through social assistance funding and management model of international comparison, I believe that our country should broaden the relief channel, increasing the source of relief funds and on the basis of strengthening the supervision and control of funds to improve the use efficiency of capital. As the security mechanism for legal operation, relief system of legal liability is imbalance. Related liability provisions are scattered throughout various departments. I believe that the main body includes rescue authorities, relief agencies and their staff and rescue object, and the form of liability vary depend on their main body, for example, salvage departments mainly undertake administrative responsibility, organization of the social assistance should differentiate the public and private. The relief object mainly undertakes civil responsibility.