Research On The Legal System Of Social Relief For Outgoing-type Poverty In China

At present,China's society has entered a period of transition,although the total number of poor people is decreasing,its personnel composition has changed a lot.Expenditure poverty group is a new type of poverty group in the period of social transition in China.For a long time,China's various social assistance systems mainly help the poor with insufficient income,resulting in the omission of this group that isindeed necessary to help.The author focuses on the spending-type poor group and finds that although the income of this group is higher than or slightly higher than the subsistence allowance line,it is still faced with a large amount of expenditure due to diseases,education,or unpredictable natural disasters,and the total consumption even exceeds the income,leading to family poverty.Constitutional theory,poverty theory and other theories have provided theoretical support for the relief of this kind of groups,so the author draws a conclusion that it is indeed necessary to build such a spending poverty relief system in China.When summarizing the relevant national and local legal documents and practices,the author finds that although China has not unified the establishment of this system at the national level,some provinces and cities have made provisions on the assistance for poverty-oriented expenditure through local normative legal documents.After analyzing the relevant problems of China's current legal system of spending-oriented poverty,the author believes that the aid objects,subjects,forms,standards,procedures and guarantee mechanisms are not perfect enough from the perspective of the basic contents of existing local normative legal documents.In view of these problems,the author tries to put forward some suggestions to construct and improve China's expenditure poverty relief system.Specifically,the major substance of the text are as follows:The first part expounds the spending poor basic theory,including spending poverty concept and spending the poverty relief concept,put forward by the author research spending type poverty refers to the family income is located above the poverty line,but as a result of major diseases,sudden disaster,children go to school,in family rigid spending far beyond family bear ability,and in a certain period of actual life level is lower than the local minimum life to ensure standard of absolute poverty.The causes of poverty caused by expenditure poverty are divided into disease,school and disaster.In the second part,the author analyzes the necessity of expenditure poverty relief.The author believes that under the condition of income determination,excessive expenditure leads to expenditure poverty,because these consumption are inevitable,and the consequence is expenditure poverty.The author theoretically analyzes the necessity of rescuing this group.Theoretically speaking,this group has legitimacy as the object of assistance,and it is inevitable that the state becomes the subject of the obligation of assistance.Moreover,the assistance to spending-oriented poverty is to meet the need of the concept of development-oriented poverty and make up for the deficiency of traditional aid methods.The third part,on the basis of summarizing and analyzing relevant national and local laws and regulations and practices,analyzes the contents from five aspects,including the object,subject of obligation,form and standard,procedure and safeguard mechanism.At present,the definition of the object of China's expenditure poverty relief is not accurate,the main body of the relief obligation is single,the relief form and standard are simple,the relief procedure is not perfect,and the relief guarantee mechanism is not perfect.The fourth part puts forward three Suggestions from the aspects of the perfection of laws and regulations,the design of concrete framework and the guarantee of operation.The author thinks that,in our country,the consummation of the expenditure type poverty relief system needs to work hard from three aspects.First of all,we should solve the problem that can not be relied on,and confirm the right of the poor group to receive assistance from the legal level,and improve the level of legislation.Secondly,on thespecific framework,we should pay attention to the improvement of the four basic contents: the object,the subject,the form,the standard and the procedure.Finally,in the operation stage,three mechanisms should be strengthened.First,the authority and responsibility of departments should be clarified and organizational guarantee should be strengthened.Second,pay attention to institutional cohesion and strengthen institutional guarantee;Third,to clarify the responsibility of capital contribution and strengthen capital guarantee.This would make it easier to structure the system.