The Research On The Mechanisms Of Non-governmental Organizations In Social Assistance

The planned economy transferred to market economy increasingly, since the People's Republic of China was founded. The issues of social assistance have inevitably existed in modern society, as the development of social economy and culture. The social structure in China was reformed dramatically and the distribution of social benefits assumed imbalance. Government, as the main responsibility subject of the social assistance that should undertake more complex affairs. Thus, non-governmental organization needs to take more responsibilities in the social assistance which includes public goods' management, providing service to vulnerable group, second distribution of social benefit participation. Since the beginning of the 90's, the numbers of non-governmental organizations participated in the social assistance, which provide higher quality service in extensive areas. Meanwhile, the government transferred some functions to non-governmental organizations following the regulations of the market economy in order that non-governmental organizations play more important role in social assistance.However, the social assistance system in China lacks the positive participation of non-governmental organizations base on the current situation. Non-governmental organizations can't provide effective assistance, not only for assistance ability, but for relief results. Therefore, it's urgent and important to build the effective legal mechanism to help non-governmental organizations to take part in the social assistance that is the reason to choose this topic for my graduation thesis.Relative to the traditional government participation in the social assistance, the subject of social assistance of non-governmental organizations refers to other organizations which take part in the social assistance. Although the social assistance began in the early days of the New China, the government still is considered unique subject of the social assistance. Although more non-governmental organizations participated in the social assistance, such as One Foundation Project, still exist more limitation affected their development.As the development of non-governmental organizations, their positive effects were paid more attention by society. Many of domestic scholars pointed non-governmental organizations would be more important in the social assistance. Some scholars said the imperfect mechanism is the root cause to limit non-governmental organizations development. But, just a few scholars offered the proposals for it. Hereby, this paper raised the viewpoints how do non-governmental organizations participate in the social assistance effectively base on the macro legal perspective.Four parts was included in the paper.In the first part which described the conception of social assistance, non-governmental organization, legal mechanism and social assistance mechanism. The conception of the legal mechanism in social assistance was defined after absorbing scholars of theories. Hereby, this paper proposed to divide the legal mechanism in social assistance with non-governmental organization participation into internal participation mechanism and external supervision mechanism. Then, the paper deeply expounded the theoretical foundation of the legal mechanism in social assistance with non-governmental organization participation on the fairness and justice of law philosophy theory, market failure and government failure theory and the third party management theory. Further, the paper discussed the significance of the non-governmental organizations in the social assistance.The second part elaborated the current situation of the non-governmental organizations in the social assistance base on the development history of the non-governmental organizations in the social assistance, legislative support and relevance to the non-governmental organizations participated in the social assistance. Five issues were concluded for the non-governmental organizations in the social assistance, which are imperfection legal system, lower legislative level, higher access criterial of the non-governmental organizations, imperfection supervision mechanism and less legal relief ways.The third part analyzed the legal mechanism of the non-governmental organization in developed countries in social assistance. The paper took the USA, Australia and Singapore as the examples to explain the actual situation, the non-governmental organizations status and non-governmental organizations functions in developed countries. Three points were could be referred in China, which are to set up the sound legal system, reasonable non-governmental organizations access regulations, effective supervision and accountability mechanism.The fourth part is the key part of the paper, which points three solutions to improve the participation of the non-governmental organization in the social assistance in China. The first solution is to clarify the scope and boundaries of the non-governmental organization in social assistance. Four suggestions would support the solution, which are the legislative level enhancement, the sound relief legal system building, the main body status of the non-governmental organization and the access standard of the non-governmental organizations setting. The second solution is that improve the legal supervision system, four elements were included by the solution that are effective financial supervision mechanism, the interaction methods between government and non-governmental organization, the combination mechanism of the internal and external supervision system and legal remedy methods. The third solution is to strengthen the self-regulatory mechanism, including the effective internal self-discipline system in non-governmental organization building, mutual regulatory mechanism setting in industry internally and improving the social credibility of non-governmental organizations.