The Study On The Procedural Value Of The Social Assistance Act In China

In the ancient Chinese phrases, procedure itself could be divided into twodifferent parts. One part is static while the other is dynamic, and both of them form anatural containment of the procedure. For this point, we can tell that the legalprocedure may have three features. First, legal procedure depends on explicitlegislative authority. Secondly, legal procedure is a kind of combination of time, spaceand subject. Thirdly, legal procedure is distinguished upon particular legal behavior.The program of the Social Assistance Act is the main process in the implementation ofthe social assistance act, to deal with the respective rights and obligations, methodsand relationships. The general form of the social assistance is that people do the socialassistance activities by the legal patterns and modes while following the legal timingand schedule."Procedural fairness and reasonability is the inherent nature of liberty".The due process of the social assistance needs to meet the different demands andliberty of the protection, which is provided by the social assistance act, to defend thelegal rights of the citizens who are taking part in the social assistance practices. Theprocedural rationality requires legal body in the process of implementation of the lawmust be rational and not arbitrary and random, and the rational demand to meet thesocial assistance program is to clarify the characteristics of the social assistanceprogram. There are about four main valuable characteristics in the process of thesocial assistance. The first one of the social assistance program is neutrality; Second,the social assistance program has the ability to respond to the environment; Third, thesocial assistance program has humanitarian; Finally, the social assistance program isconformable.The problems of China’s current social assistance program system can besummarized as "imbalance", which contains the structural imbalances and functionalimbalances. First, the structural imbalances of the system of social assistanceprograms are unevenly distributed mainly in the overall effectiveness of structuresscattered and secondary structure. Second, the functional imbalance of the system ofsocial assistance program makes four main functions of the Social Assistance Act isdifficult to form a system of organic unity. From the origin point of view, theimbalance in the legal structure is the external form of legal function imbalance, andlegal functions of the state in turn depends on the law to value-oriented right andwrong, finally the two imbalances can still be blamed with the Social Assistance Act program construct which was failed to meet its due pursuit of value. The imbalance inthe value of the program is the most prominent problem in China’s social assistancesystem, as an important part of the "Social Assistance Act (draft)"(hereinafterreferred to as "the draft") especially. First, the application procedure is lack ofneutrality; Second, the approval process is not responsive; Third, the implementationof the program of humanity is not enough; Fourth, integration of the relief program isineffective.Whether the entity result is correct or not does not apply in some kind ofobjective external standard, and its essence is to enrich and value process itself toensure that the entity results can be accepted. Social assistance due process is not onlyto achieve the justice of the social assistance results, and should also have the bestjustice elements, which means that social assistance due process through acts alwaysin social assistance. Overall, the fundamental value of the social assistance programobjective is to limit the intervention of state power on the behavior of social assistance,and fully guarantee citizens the right to survive and the right to develop. The directvalue aims to regulate the behavior of the subjects, and the balance related to rescuethe fair allocation of resources and efficiency. Some scholars often from the twoaspects of the formal elements and substantial elements of due process to research thesocial assistance, but it is absolutely wrong to take the two kinds of researchesseparately, since it is an organic unity between the formal requirements of thesubstantial elements. A legitimate social assistance programs need to meet the SocialAssistance Act in the maintenance of the different needs of each subject in thepractice of social assistance and free. Therefore, to realize the unification of China’ssocial assistance program form of rationality and value rationality, must break throughthe form and substance of the binary separation mindset on procedural legislation toestablish the correct legislative philosophy and science. Specifically, first, applicationsfor social assistance program need to maintain the balance of both private and publicwelfare; Second, the social assistance survey approval process to maintain a balanceof efficiency and fairness; Once again, the Social Assistance program need tomaintain the dynamic and static balance; Finally, social assistance relief programmaintain the balance of executive and judicial."Optimal" way to legitimate social assistance program is to prevent, control ofpower "wanton" or alienation of effective measures, effective protection is to improvethe efficiency of social assistance. And it also meet the basic needs of the target beneficiaries and to realize their right to substantive goals. The social assistanceprogram on the structure and function of double imbalances highlight the value of theabsence of the program, the key is indicative of the social assistance legislation toestablish a correct program value orientation. The value of the balance of the variousstages of the program is to maintain the Social Assistance Act, SpecificationAssistance and its behavior in the micro. On the macro it can maintain reasonable andauthority of the legal system of the entire social assistance. It also will be provided forthe advancement of the social security legal system with solid theoretical and practicalsupport.