On The Connection Mechanism Of Charity And Social Assistance

December 31,2014,the State Council held a fortieth executive meeting,the meeting make special arrangements for work on promote the convergence of charity and social assistance.The convergence of charity and social assistance is the inevitable development trend of China's rule of law,how to make the connection between the two is the key.However,Relating to the convergence of philanthropy and social assistance,practice departments and theorists have no proposed related measures.This thesis intends to discuss the convergence of charity and social assistance,and puts forward the system design of the connection,this thesis from the three parts to explore:The first part begins with the current situation of the convergence of charity and social assistance.Through thinking about the phenomenon of “one day donation”,the confusion between the charity and the social assistance is obtained,and then explain the distinction between the two.And through the lack of national responsibility and social organizations to weaken the two point of view,to analyze the plight of the convergence of charitable and social assistance.The second part analyzes the necessity and feasibility of the connection between charity and social assistance.From three angles of strengthening the government responsibility,the cultivation of the social organization and the maximization of the public interest,the necessity of the connection of the charity and social assistance is discussed.In terms of feasibility.Because the relevant laws and regulations,the introduction of the policy,making the government purchase,administrative contracts,administrative public interest litigation has a legal basis.In this thesis,it is necessary to pass the government to buy the legalization of administrative contract,and the implementation of administrative public interest litigation to achieve the specific operation of the charity and social assistance convergence.Of course,the same trend to the premise of the separation of politics and society.The third part summarizes the thesis of the system construction of the connection of charity and social assistance.And in order to summarize the full text.Specific to the operation of the convergence: Firstly,to determine the relationship between the main body of the relationship between charitable and social assistance in the convergence of the law for public and private partnerships,the relationship between the government to buy.Secondly,through the administrative contract operation mechanism to achieve the convergence of the two,including the need to clear the social assistance and charity convergence in the rights and obligations of the administrative contract disputes arising from the administrative litigation relief.Finally,the security mechanism of the convergence process of charity and social assistance.If the connection between the two sides of the main body of conspiracy to harm public interests.The procuratorial organ may bring up the administrative public interest litigation and clear the legal responsibility.