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A Study of the Social Assistance Legal System

Author: ZhuPengFei
Tutor: ZhangZaiFan
School: Henan Normal
Course: Economic Law
Keywords: Social assistance Legal system Minimum living allowance Housing security Medicaid
CLC: D922.182.3
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 0
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Abstract


Social assistance to protect the livelihood of a social system, as an integral part of the system of social security laws, it is in the bottom of the legal system, constitute the basis of the social security system. However, the legislation of China's social assistance system is still in a state of lag, compared with Western developed countries in the relief system of the building and the construction of the relief system Surviving a wide gap between the social assistance legislation is not perfect. The problem is mainly concentrated in the urban minimum living security legislation of the legal system lag, rural minimum living security legal system, medical aid legal system and housing security legal system legislation vacancy. These legislative issues a direct result of China's social assistance system running inefficient, so that the functional limitations of the social assistance system, resulting in the waste of social resources, the impact to the realization of substantive social fairness and justice value. In order to solve the the legislative defect in the social assistance system, in this article, I will focus around the theory of social assistance for comprehensive treatment and research, to explore the concept of social assistance, the theoretical characteristics of social assistance and social functions, and on this basis discusses above the start of the theory of social assistance and poverty theory, the right to life theory, the theory of social rights, to explore the relationship between the theory of social assistance and legal theory to provide the legal basis for building a theory of social assistance. Subsequently, I set forth the basic principles that should be followed in respect of the social relief work and guiding ideology fully absorb the essence of the theory of academic scholars, the author proposes the personal views and propositions, respectively, discussed the basic principles of the social assistance system . Shortly thereafter, the author of The chapter of the foreign social assistance system in enumerate the legal system of the United States, the United Kingdom and Japan, the three countries most representative of the social assistance elaborate, detailed description of the course of development of the national social assistance system unique nature and content of the legal system of social assistance, the structure and system of arrangement, and the distinction of the social assistance system and compatibility analysis, paving the way for the launch of the discussion below. The sixth part of the author to the minimum living standard security system, medical aid system, housing security system as the center briefly Comment legislative status quo of China's social assistance system, at the same time point to understand the current social assistance and legal system defects for social assistance system legalization rationalize it, fully integrated into the construction of the social assistance system running under the legal track, so that the right to life of the vulnerable groups in society to be able to get legal protection.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > The Home and Social Security, Service Management Act > The Social Security Act
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