| Now is the rule of law era, advocating rights-based, through building the system to improve and protect citizen's human rights,such as freedom and the interests.After the founding of the People's Republic, especially since reform and opening up, China has committed to construct the social relief system and mechanisms,has become a social relief legal system, which lay the foundation for the social security system.This paper based on the contemporary society of China, based on the law construction and development of China, based on people-oriented, to explore the legal system of social assistance on the basis of socialism with Chinese characteristics.In our views, we should be based on contemporary China's national conditions, learn from the experience of foreign countries. Consistent with the spirit of the times of social security, to achieve the basic conception of social assistance and social culture. In the base of People-oriented and the rule of law, to pursuit the purpose of protecting human rights, as fairness and justice for the value orientation,as interaction and mutual aid for the conception stone, as building and innovation for the core, to improve and perfect the social assistance legal system which has Chinese characteristics, and further construct of civil, social, national joint participation of all the people of the full range of multi-level complex of the social security system and mechanism. In order to protect and promote the freedom interests,equity and harmony of all members of society, especially the special groups and individuals.This paper is divided into five parts:Chapter one to explore social assistance and social assistance system. This section research some basic theories of social assistance and social assistance system, and analyze the social assistance system in the basis of the value and conception.Chapter two to explore the social assistance system of rights and obligations. Among them, focusing on existance right, development right and social rights, posed by the right of the social assistance system for personal obligations, groups obligations, social obligations and national obligations what constitutes to the obligations of the social assistance system.Chapter three to research social assistance system of the major developed countries of Western. This part through analysing the historical evolution of the United Kingdom, the United States, Sweden's social assistance system to improve China's social assistance system.Chapter four to analyse the status of China's social assistance legal system, clearly believes that modern China has become the basic social assistance legal system, it can protect the rights of citizens, but there are still some specific deficiencies and shortcomings.Chapter five to explore how to improve China's social assistance legal system,and analyse the legal concept of social assistance deeply and list the specific measures and methods to construct the systems and mechanism of social assistance, which should be based on the rule of law.Through general system building and innovation deepening to develop the social assistance with Chinese characteristics. |
