| The Rural Minimum Living Standard Security System, aimed at ensuring the rural disadvantaged groups’basic right to live, is the basic part of modern rural social security systems. Since its establishment on the basis of actual needs and the guarantee of human rights theory and government’s obligation theory from1990s, it has made remarkable achievements.However, problems still exist, such as security based on relationship and offered to people not in need; the improper connection conditions restricting the secured people; the imparting procedure becoming a mere formality and injuring the private party’s privacy; no effective remedies for rights, and so on.As the custom order of village is ending while the law ruling order is still developing, such problems then rise from the existence of traditional concepts of power and the influence of traditional culture which emphasizes concord and non-litigation, as well as factors such as the existed low-level legislative effect, the unapparent status of the villagers’ committees, the inadequate procedure design, the indeterminacy of legal responsibility.In order to solve problems above to further improve the Rural Minimum Standard Security System, it’s necessary to intensify the administrative regulation on this system. Frist, strengthening administrative service concept; second, completing the legal basis and ensuring all the people who should be assisted to be assisted; third, clearly and reasonably defining the subjects’legal responsibility; fourth, scientifically setting the due process; fifth, perfecting the right relief system by making certain of the administrative subjects’qualification of the villagers’ committees, setting the administrative reconsideration as the obligatory process before a lawsuit start, reasonably assigning all parties’onus probandi, assuring the road opening into the administrative proceedings is convenient and does not cost too much, and so on. |
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