On China’s State Payment Obligation

The obligation of state to pay is rising gradually under the background of "society ruling the country by Law".The obligation to pay is a kind of positive obligation of the state,which is opposite to the beneficial right function of the citizen.It requires the state to provide social assistance to the weak in the society,including all kinds of material help,organizational procedure help and service,etc.,its essence is to protect the basic right to survival of the weak,maintain their human dignity,maintain social fairness and justice.There is a clear difference between the state obligation to pay of the Western welfare state and that of our country.The former is based on the capitalist system and manifested through the way of State Welfare,it is a high-level,universal welfare payment model.China’s state obligation to pay is based on the socialist system,with distinctive features.According to this,this thesis mainly focuses on the system arrangement and practice of China’s state obligation of payment,in order to reveal the uniqueness of China’s state obligation of payment.The first is the definition of our country’s obligation to pay.China’s state obligation to pay is based on the nature of the socialist state established,it is the realization of the basic right to life of citizens set the basic form.The consistency of individual and state interests in a socialist country requires the state to implement positive obligation to pay in order to achieve substantive justice.Influenced by China’s economic development level,population structure and other social realities,china’s national payment obligation is characterized by government payment,"full coverage,low level",dualization of payment object in urban and rural areas,and close connection with social policy.The second is to clarify the evolution of China’s state obligation of payment.Up to now,China’s obligation of payment has gone through three stages: The initial establishment of the early years of the People’s Republic of China(1949-1953),the universal implementation of the planned economy(late 1954-1970s)and the reform and perfection of the Socialist Market Economy Era(late 1980s),each stage has its own characteristics.Thirdly,it summarizes the system frame of our country’s obligation of payment.The obligation of state payment is mainly realized by the constitution and the administrative law.Through the determination of the basic rights of the Constitution and the analysis of the constitutional norms,the state’s obligation to pay can be derived,and the goal and principle of pay can be determined.In our country,the performance of the current state payment obligation mainly depends on the executive branch,therefore,the payment subject is mainly the administrative subject.By means of administrative legislation,the state determines the procedure,mode,object,Standard and type of the State’s obligation of payment,so as to ensure that the state’s products of payment can ultimately fall into the hands of the recipient.The national product delivery relies on the normative system and organization delivery,and the delivery product must be carried out through the delivery procedure to achieve the best effect and ensure the compatibility of procedural justice and Substantive Justice.Finally,it analyzes and ponders the problems existing in the practice of our country’s obligation of payment.To evaluate the effect of the State’s obligation of payment,the key is to see whether the payment procedure adapts to the current social reality,whether it is efficient and convenient,and whether the products of payment provided by the state can truly meet the needs of the recipients and achieve the purpose of payment,to achieve substantial justice.As the most important way to realize the state’s obligation of payment,social assistance can directly reflect the deficiency of the state’s payment system and payment products.The social and economic transition,the mobility of the urban and rural population,and the structural changes have gradually exposed the drawbacks of the Dual-sector model relief model.Socialism with Chinese characteristics has entered a new era.The state has paid more attention to solving the problem of social poverty and seeking a happy life for all.The social assistance work should form a reform mentality in this era,to the best of my ability.