Perfection of Legal System of Social Relief Right of Chinese Citizens - Determination of Legislative Principle of Social Relief Right

摘要

Considering that the relevant studies on civil right for social assistance are nearly blank at current stage, this paper aims to formulate and perfect the laws and regulations on civil right for social assistance, in order to help more citizens obtain the social assistance and balance the social resources; In terms of assistance region, this paper recommends to adopt a way of combining the urban assistance with rural assistance. In terms of assistance object, this paper can carry out an in-depth study on which kind of people need the social assistance, and summarize the legislative principles on this basis; The social assistance obtained by the poverty group has not been regarded as a kind of grace and charity, but is considered as a kind of basic obligation and responsibility performed and assumed by the governments. From the perspective of relevant studies for social assistance, the practical operation is emphasized, but the depth of theoretical is not enough, especially that the analysis about civil right for social assistance is very rare, thus directly cause the category of subjects needing the social assistance is disordered and the assistance standard is low. This paper summarizes the legislative principles suitable for China in the aspect of civil right for assistance by optimizing the social assistance management system and putting forward a feasible way of national legal assistance mechanism applicable to civil right for assistance.