Study On The Legislative Mode Of Social Welfare In China

Since the reform and opening-up,China has achieved rapid economic and social and its comprehensive national strength rises continuously.In the meantime,the social welfare services have received unprecedented attention and achieved significant progress.However,the social welfare system which occupies a key position in the modernization of national governance system is yet not perfect.In particular,China lacks a social welfare law that provides guidance and specifications on the development of social welfare services with Chinese characteristics,social government and social life.To some degree,it restricts the sustainable development of social benefits services.On the other hand,the theoretical circle hasn't put forth much efforts in this aspect.The research is inadequate,and the theoretical foundation is weak relatively.Therefore,on the premise of full understanding on the necessity of social welfare law,according to the requirements of �four comprehensives� strategic arrangement,deep and systematic study shall be made on the theory and practice of socialist welfare legal system with Chinese characteristics.Based on this,by drawing foreign relative legislative model and experience,China shall proactively explore a path of legal construction for socialist welfare law with Chinese characteristics.Then,it has been a priority to issue an authoritative,standard and uniform social welfare law as early as possible.Combined with China's judicial practice and its stage of development,the author points out that: China shall apply a model,which adopts special legislation,focuses on feasibility-based rule,and stresses on the construction of proceeding mechanism,for the legislative style,techniques and content of Chinese social welfare.In this way,China could establish a more appropriate universal-type social welfare system.In the legislative process of Chinese welfare law,the difficulty is how to define the connotation of social welfare,and handle the differences and complexity in social welfare provision at this stage as well as the inequality and lack of hierarchy concerning social welfare policies.As a result,in social welfare legislation,China needs to set up correct legislative principles and ideas,correctly handle distribution rules of rights and obligations,and stress on research of fundamental theoretical issues.