A Study On The Principle Of Subsidiarity Use In Supply Administration

With the development of our country’s supply administration, medical care and the minimum living guarantee have largely improved, education supply has become more perfect, subsidies for the project can be found every aspect. On the one hand, the government make rules on supply aspect, also there are a lot of problems need to be solved. After Chinese scholars study and research on external supply administration, they try to apply the subsidiarity principle to our country, and they tells this principle has already embodied in our country’s legislation. The principle of subsidiarity has entered our perspective, but we never know exactly it’s origin connotation essence, and how it be used in other country’s legislation. My paper attempt to do some further research, put forward some suggestions to carry out the problem that the principle apply in social assistance.The first part, the question proposed. The administrative mode change driven by administrative practice produce, our country develop the supply administration through policy making, seems to give us a care from we born to die. It makes us doubt what’s the role of the state play in the supply administration, whether the country should undertake all the responsibility. On the other hand, scholars referred to the principle of subsidiarity more and more in the supply administration study, and some of them regard this principle as a basic principle of supply administration, some try to apply the principle to our country, also some think our country doesnt need the principle. The interaction of practice and theory give my research what the principle of national subsidiarity is?The second part, the origin and connotation of the principle. The principle put forward by E.Forsthoff in order to modify the idea of survival care he presented previous, thus the origin of part explore the process from the idea to the principle, then examines the use of the development of the principle itself and it in the European community. After know it’s history, need to understand it’s meaning, especially derivation and religious teachings. After analyzing and summarizing the meaning of the principle in the state of Germany, Japan, Taiwan area, I put forward the essentially content. It has the positive and the negative two aspects meaning, as positive aspects to aid, the negative aspects of the requirements of the national responsible for appropriate intervention, a distinction should be made between state responsibility and personal liability for supply process.The third part, relevant national aid practical principles in supply administration, this part also is the key content of this paper. Practice research of principle cannot do without the principle in the legislation of foreign countries and regions, Germany determined the principle by legislation, state the principle of subsidiarity established limit personal liability and state responsibility in administrative supply in Germany; Japan calls complementary principle, clear the self-reliance of benefit objective, through the supply conditions restrictions deeply reflect the principle. Also investigated was applicable in Taiwan area, the Anglo American countries did not state the principle of subsidiarity as a principle. From the practice of legislation, we can see the relationship between the principle and supply administration at three aspects:solve the survival of care range, protecting individual basic rights, to prevent the welfare crisis.The fourth part, state the principle use in our country’s supply administration. After simple introduction supply administration in our country, reviews the difference between our country and foreign administrative power transition, that the applicable national supplementary fit our country administrative power change. Then respond the question of the paper start whether principle of subsidiarity has reflected in our rules. Then state dependence, excessive give and power relationship of corruption, state supply between social forces draw the necessity to apply national supply administration in our country, and finally put forward the principle in the use of social assistance in China, clear relief objective, clear boundaries of personal responsibility and the state.