The Research On Substantial System Of Administrative Assistance In China

With the "Regulatory administration" replaced by the "Pay administration", thefunctions of the government is also in a positive change. With all kinds of policies andmeasures introduced gradually, our country’s administrative assistance system alsospeed up its construction pace.Administrative assistance is a kind of administrative behavior, when the variousaspects of life of the social members are in trouble because of the various factors, theadministrative subject will provide cash, physical objects, or other support inaccordance with the relevant procedures and standards. Its aim is to help citizensthrough the stage of threatening their basic survival, help them out and finallyintegrate into society. The administrative behavior protects the social members’survival right, and it is an important way to realize human rights protection and thestate responsibility. Many counties have plenty of practice and perfect institutionalarrangements. Our country have long existed many kinds of aid in many aspects ofsocial life, but in the administrative assistance system, there are still many problems,combined with the immature of the theory research, all these factors have hindered therealization of the function of administrative assistance.The purpose of this paper aims to discuss the several aspects of theadministrative assistance substantial system and make some useful exploration for thearrangement of the substantial system. In this, this paper will be divided into fourchapters to research the system.The first chapter discusses the definition of theadministrative assistance subject. By analyzing the two aspects: assistance subject andrecipient subject, it is pointed out that the administrative organs are the main assistance subject, grassroots autonomous organizations and other social organizationswill be authorized some aid function by laws and regulations and become one kind ofthe subject of administrative assistance, as a result, they still need guidance andsupervision of the administrative organs. The second chapter is about the legal statusof both sides of administrative assistance. By discussing the assistance subject andrecipient subject’s rights and obligations, and based on the empirical analysis of thetypical case, the paper will reveal the granted and reality of the rights and obligationsof these main body. In the third chapter, the paper discusses the content of theadministrative assistance. Administrative assistance system of our country adoptclassification standard, its rescue content generally include general relief, medicalcare, education, housing, and other special aid and relief for special groups. Theserescue content have corresponding normative documents as a basic institutionalguarantee, but as a result of the not balanced in the construction of the related legalsystem, the actual operation of the administrative assistance system is different fromits regulation. The fourth chapter is about the construction of the administrativeassistance substantial system. By summarizing and generalizing the several problemsexisting in the system of administrative assistance substantial, such as weak assistancerights consciousness, imperfect legislation, weak supervision, single form, etc. Thespecific path of constructing the substantial system could be considered from theaspects of transformation idea, perfecting legislation, improving the system design,speed up the transformation of government function and so on.