Research On The Rural Residents' Minimum Living Security System In The Guangxi Zhuang Autonomous Region

The construction and improvement of the social assistance system should be advanced by the law,clearly put forward in a State Council meeting chaired by Premier Li keqiang in 2013.The Fourth Plenary Session of the 18 th Communist Party of China(CPC)Central Committee makes the social security system as part of the key legislation and demands for accelerating the innovation law system construction on the aspects of ensuring and improving people's livelihood.So it is imperative to further perfect the construction of social security legislation,and as the core of the social security,subsistence security system legislation should also be taken seriously.The data from the NBS shows the rural population is as high as 900 million in our country by the sixth census,nearly 70% of the national total population,our country is still an throughout agricultural country.Due to the limits the geographical conditions,education,science and technology and medical treatment and public health,the rural residents' economic income,cultural quality and body quality are lower,which brings a large number of rural residents to poverty or even threatens the safety of life,thus the rural residents needs the state assistance.Focusing on the need,the State Council promulgated “nterim procedures of the social assistance”,which is the first administrative law and regulation on stipulating the social assistance,also the first time to bring the “difficulty in first aid”,“temporary aid” and “disease emergency rescue” to law guarantee system and also further establishes and improves the rural subsistence security system to ensure the rights of the poor rural residents.Guangxi Province has a large agricultural population.According to 2013 statistics,the total population of Guangxi is 52.4 million,of which agricultural population is 42.48 million,accounting for 81% of the total population of Guangxi.Rural poverty population of Guangxi is 6.34 million,while the number of rural residents salvage is only 3.459 million people.In other words,nearly half of the rural poor in Guangxi is failed to obtain the necessary assistance from the rural subsistence allowances systems.Therefore Guangxi's social assistance work is still faced with very difficult challenges.This thesis summarizes the common problems in Guangxi,and puts forward the corresponding legislative proposals,on the basis of the survey.This dissertation consists of four parts.The first part is the introduction,where the research background and significance are introduced.Also,the research methods are presented.In the second part,existing research results on the rural minimum living security system were reviewed.Then the meaning and characteristics of the rural subsistence allowances system and links between other social assistance systems are summarized.Meanwhile,the purpose of its existence and the principles that it should follow in the implementation process are given.In third part,the implementation of the system of rural minimum living standard in Guangxi is discussed from the six aspects,which include the development process of rural subsistence allowances system,the implementation of the system of rural residents,organization setting of rural residents work,application and approval of the villages,the source of rural subsistence allowances and rural subsistence allowances and subsidies.In section four,the prevalence of seven major problems existing in rural subsistence allowances system of Guangxi were summarized based on the investigation in Lingshan and Bama county.First,around the "lack of coordination" into dilemma;Second,the relevant legislation is unconstitutional.Third,the existing legislation did not make a definition and explanation of "specialized households",making the country exist different understanding and different approaches for the "family",which caused the issue that the people who should be to enjoy the minimum subsistence allowances are not covered with this.Four,there is lack of practical operation of territorial management.Five,the relevant departments of subsistence security is not strictly to protect the object of a clear classification in accordance with the relevant provisions of the legislation,which results in loopholes in the system.Six,with assist status of the village committee in the rural minimum living security system failed to get legislation confirmation,rights relied heavily on the village committee cause such problems as the administrative department for free from the system of rural residents,which affect the system of rural residents is in order.Seven,the role of democratic appraisal is not clear,so it becomes a mere formality,leading to the failure to play their role.eight,relief rights have been blocked because of the low level of education,the lack of legal awareness and other reasons.The fifth part gives suggestions to improve the relevant legislation aimed at the existing problems of the fourth part.Specific advice is as follows: one is to make <rural minimum living security regulations>;second,remove related constitutional provision;the third of households are defined by legislation to avoid areas in the Guangxi into a "lack of coordination" dilemma;four,it is suggested that the relevant legislation should be extended to the territorial management,even to be abolished;five,it is suggested that the relevant administrative departments carry out scientific and reasonable classification of the object strictly in accordance with the provisions of the legislation;six,the status of the village committee to assist is further clear in the system of rural residents for the sake of avoiding the phenomenon such as,injustice caused by relying heavily on the power of village committee and the people who should be to enjoy the minimum subsistence allowances but not covered;seven,further standardize and attaches great importance to the democratic appraisal procedures through legislation,so that it should play a proper role in the process of justice;eight,awareness of the rights of rural residents should be awakened through increasing the rural law popularization education and perfecting the supervision system,etc.,and it is made them not to do the "people" to sleep lying on the right so that relief right is maintained in a timely manner.The sixth is divided into conclusion.Conclusion is mainly a review of the legislative proposals about the whole thesis.Combined with the legislative requirements of the system of rural residents,some explanation,which should be noticed in the legislation system of rural residents,is given in the epilogue.