Several Questions Needing Attention On Social Assistance Legislation From The Perspective Of The Constitution

Social assistance system as an important part of social security system, works as the protection of civil rights and plays an important role in safeguarding social harmony and stability. Social harmony and stability is the foundation for the further development of our society. Social assistance is a method taken by the government and society to ensure the basic lives of those who have difficulty of living a normal life. Therefore, social assistance is very important in social life, which can be regarded as the last safety net of social security, an inseparable part of social security system as well.Social assistance is a kind of system arrangement that ensures citizens’ living security and social stability, and a kind of social policy that is regulated by law and principles. In western countries, the development of social assistance has experienced the complex changing process, and they have established a relatively complete legal system of social assistance. But in China there is not a unified " social assistance law" yet. This article first aims at social assistance on the connotation, theoretical basis and significance of interpretation; Secondly, it carries on the comprehensive analysis of the difference between the social assistance and related systems and the positioning of the social security. And, in the process of social relief operation practice of a variety of criticism, here puts forward some legislative suggestions, mainly from five aspects, i.e.legislation level, the power allocation, the citizens’ rights equality protection, survey system and the problems existing in right relief way of the social rescue legislation. Today China is sure to strengthen the social assistance legislation, which is an inevitable requirement of the rule of law, and an inevitable move in the construction of the socialist harmonious society, the article to study the status of China’s social assistance legislation and the development helps to promote the legislation of Chinese social assistance. This paper can be divided into some parts as follows:Introduction comes the first. There are legislative problems and reasonable proposals mainly existing in the legislative practice of the social assistance system from the angle of constitution.The second part is an overview of the social relief system in China. As a fundamental part of this paper, in which shows the concept introduction, the theoretical foundation analysis, and the significance description of the social relief one by one.In the third part, we talk about the positioning of the social assistance in the social security system. Most of the part expounds the differences and relations of the social assistance and the social security system. The role and the positioning of social assistance in social security are revealed too.The fourth part, that is, the content of the third to seven chapters, which is the main body and core in the article.There are legislative problems and reasonable proposals mainly existing in the legislative practice of the social assistance system from the angle of constitution.