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Research on the Legal Mechanisms of Non-governmental Organizations Participation in the Social Assistance

Author: ZuoDeXiong
Tutor: GuoJianPing
School: Guangxi Normal University
Course: Legal Theory
Keywords: NGO Social Assistance Legislative participation Authority to impose restrictions Mechanism
CLC: D922.182.1
Type: Master's thesis
Year: 2011
Downloads: 145
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Abstract

Mainly of social assistance as the main country, and with the social and economic development, rapid changes in the social structure, social demand is increasingly complex and diversified, the state must deal with a variety of public affairs more and more, in the provision of social assistance is also increasingly powerless, which requires a new solution to make up for the lack of the government itself. From the domestic point of view, public goods \Social assistance as the government must face in public affairs, social security in the most basic part of the solution to social problems, an important mechanism for maintaining social stability. But in the majority of social assistance can only passively rely on the government, the lack of active participation of other forces, in need of assistance can play a role in front of the affairs of the main rescue and relief methods are often too simple, rescue capacity is limited, the effect of impact aid . NGO participation in social assistance can effectively compensate for the government to provide a single subject inadequate social assistance and social assistance to participate in the process of non-governmental organizations to play a proper function, supervisory powers to prevent corruption, to improve the level of the rule of law, promote social harmony stability. This article from the non-governmental organizations and social assistance concept, a comb and abroad in a variety of perspectives, based on the two concepts should be defined meaning under the rule of law perspective correlation between the two analyzes, and thus their participation in social assistance mechanisms to start on. First, from the perspective of governance mechanisms down to discuss NGO and Social Assistance. The basic theory of governance is based on the spirit of cooperation and coordination between multiple subjects together to provide for public goods, in theory, the non-governmental organizations have a presence in the theory of legal status. By analyzing the new kind of government management mechanism under the governance theory of functions of NGOs, especially in the care of vulnerable groups, promote social fairness and justice, social mobilization and social advocacy, the provision of social services and so it is with the government and the market is not to be compared advantage in promoting economic, social and comprehensive human development played an important role. Leads to the involvement of NGOs in the necessity of social assistance. Second, the legislative mechanism involved NGOs and Social Assistance. Mainly from the NGO perspective explores the function of non-governmental organizations involved in legislative functions, and its participation in the adoption of legislation to protect the social assistance law more fair, more consideration of the interests of vulnerable groups demands prevents the legislative process of formal rationality and substantive rationality deviations to avoid elitism. Third, the power control mechanism Vision NGO and Social Assistance. From the perspective of power and restraint mechanisms discussed under power constraints and non-governmental organizations and non-governmental organizations involved in the process of how social assistance powers of supervision. First analysis of the traditional power control mechanism as well as traditional power restriction mechanism limited, non-governmental organizations in their own unique way (such as direct democracy within civil society autonomy, not directly involved in the exercise of public authority), to compensate for the lack of representative, in order to protect its members' legitimate rights and freedoms. NGO's such a unique way constraints, all with their participation in the process of social assistance can be formed on the powers of supervision and restraint, so as to achieve a better effect of social assistance. On NGOs and social assistance both correlation analysis, and then through the participation of non-governmental social assistance in the investigation, understanding NGO participation in social assistance status quo. First, the introduction of Western developed countries, non-governmental organizations involved in social assistance know the situation in developed countries NGO participation in social assistance experience giving good NGO involvement of social assistance provided reference. Second, the introduction of non-governmental organizations involved in the case of social assistance, mainly in the earthquake, for example, analysis of the non-governmental organizations involved in social assistance problems: This includes NGO management system problems, management and legal issues NGO's own development. Through analysis of the non-governmental organizations involved in social assistance status, sum up experience and thus our NGO participation in the concrete implementation of social assistance made certain recommendations. In conclusion, we also discussed the participation of NGOs in social assistance, there may be a negative function, that NGO participation in the process of social assistance that may exist in the case of alienation made a certain amount of discussion: First, the right of association open to worry; freedom of association inherent in the natural pluralism, separation of powers doctrine, out of our history, culture, political system considerations, as well as social stability considerations, the freedom of association and the right to be open to the authority of the country, the government's role has been weakened. Two non-governmental organizations involved in social assistance that may appear in the case of alienation, which deviate from our ideal track to reach the desired results. This includes non-governmental organizations involved in social assistance may borrow on behalf of enrichment or inefficient use of funds and other issues.

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