Research On The Protection Of Reliance Interests In The Abolition Of Social Assistance

Social assistance is the administrative act that the administrative organ fulfills the statutory social assistance duty and "life assistance" for the families who are hard to maintain the basic living so as to safeguard their right to subsistence.Not only does the social assistance administrative department's performance of the acceptance and examination and approval duties fulfill the rescue rights and interests of the bereaved people,but the abolition acts such as canceling the minimum living allowance are more related to the trust benefits of the beneficiaries.In the course of abolishing acts,it is necessary to follow the strict statutory conditions and due process to restrict the Establishment of arbitration.At the same time,the law-based stability requirement should protect the beneficiaries' trust benefits that are worth protecting for the original aid.At present,our country's legislation on social assistance includes comprehensive legislation represented by the "Interim Measures for Social Assistance",co-ordinary and regulating the operation of various social assistance systems such as the minimum subsistence allowance and temporary assistance,and through such measures as "the minimum living standard of urban residents Safeguard Ordinance " and other special legislation specific to specific social assistance acts for the application,acceptance and approval of the provisions.However,in these norms,there are relatively few repeal provisions on social assistance,which do not set strict grounds and proceduresfor abolishing social assistance.This may lead to the abusive abusiveness of the administrative authority and thus to the detriment of beneficiaries of the aid Reliance benefits of behavior.The provisions on the abrogation of social assistance act are only explicitly found in the abolition of the minimum subsistence allowance and assistance.The statutory conditions for abolishing the bailout aid are "family demographic changes,property changes and income changes." These statutory conditions are all ex post factual changes,However,due to the abstract vagueness of the concept of "change," as well as the uncertainty in the range of family income,property and population changes,the executive authorities that exercise the power to repeal have greater discretion.Therefore,in the exercise of the abolition of social assistance administration departments should protect the recipients from the legal rights and interests of the point of view,mainly to income status,supplemented by population status and property status to comprehensively determine the rescued family economic status within a certain period of change Based on this,we can see whether the magnitude of change is significant and can affect the maintenance of basic life and then decide whether to abolish it.Of course,whether or not the obligation to cooperate with household economic surveys should bear the burden of administrative acts and become the statutory reasons for abolishing aid should also be debatable.Changes based on rules and regulations,such as the dynamic adjustment of minimum living standards,may lead to the abolition of the original bailout Although there is no reference to social welfare legislation as a legal justification for its abolition.On the other hand,although the statutory procedure for the abolition of social assistance only stipulates the system of written explanation reasons,in order to safeguard the legitimate rights and interests of the rescued persons in abolishing the law,procedural procedures such as pleadings,hearings or democratic appraisal procedures should be included.In addition,by studying relevant cases of abolition of social assistance in various localities,especially the cancellation of minimum living allowance,it can be found that since the norms of the social assistance legislation are not perfect for abolishing conditions and procedures and their meaning is not clear and concrete,The courtsgenerally refer to the normative documents on the identification of the economic status of families in the central and local governments when canceling the bailout review from both the substantive and the procedural levels.Entity to understand the demographic situation,property status and income status changes and identified,the demographic situation mainly to determine the lives of family members,and then can be based on the judgment of what changes should be identified as statutory family demographic changes;property status The change mainly determines what property acquisition can reflect the improvement of the economic status of the family to the extent that it can maintain its basic living;the change of income is the determination of which incomes can be included in the scope of change in determining the basic income composition of the household,Change as the basis for consideration,when the population and property changes comprehensively determine whether it can maintain the basic living level,and then determine whether the abolition of social assistance lawful.Of course,sometimes the failure to fulfill the obligation to save the act as an abstention to determine the legality of the abolition of the act.The review of the procedure mainly focuses on whether the procedures for justifying the written explanation are fulfilled or not,and at the same time,the procedure for democratic appraisal will be included in the scope of the review.However,the review of social assistance abolition is mainly based on the legitimacy of the review,less applicable to the principle of trust protection to weigh the trust benefits of the beneficiaries is worth protecting.Therefore,we can improve the mechanism of trust protection for the abolition of social assistance from the aspects of legislation repealing the provisions of social assistance,improving the remedies to the abolition of aid and strengthening the judicial protection of beneficiaries.On the one hand,through the Administrative Procedural Law,we establish the Establishment of the general rules and perfect the Establishment of the social assistance legislation and procedural rules;on the other hand,improve the cohesive mechanism of administrative reconsideration and administrative litigation relief,and finally,through the publication of typical cases It clarifies the criteria for reviewing the statutory abolition conditions and proceduresand appropriately introduces the principle of trust protection into the judicial review of the abolition of social assistance so as to protect the public interest and give consideration to the protection of the rescued people's trust.