On The Legal System Of Administrative Deliverance Under The View Of Human Rights

The administrative relief is one of the State Responsibilities that the government utters administrative power to give material relief and spirit comforts to the especially poor, and a right that the citizens ask the state for material relief when stay in an economic difficulty so that could not run a normal life. The administrative relief is also a patronizing and one based on appliance act that the state uses to ensure citizens basic living condition so as to live with dignity and growth. Therefore, the administrative relief need a law system to have a lowest standard that could keep personal rights to live and develop, and in line with the request of human rights. This standard should be higher than the Minimum living guarantee. The difficult communities in current period remain the following class, the old, the handicapped, the poor, the stayed aged and children in rural areas, the vagabonds and so on. Different colonies have different appeals. But in all, what the difficult communities which are the objects of the administrative relief need are material comfort, currency, dignity and getting a job. And due to the state finance is limited and should mainly use to social management and enlarging reproduction, and the incomplete social security, the finance budget and fund appropriation that could be used for administrative relief is restricted that could not cover more, so that it needs limits in the number and amount of relief. The administrative relieving act as a Specific administrative act that is beneficial and according to application, the administrative law regulation of administrative relief need to authorize and restrict administrative power.The Note includes six chapters:Chapter One introduces the purpose and significance of the topic, as well as administrative relief regulations at home and abroad in this field. Chapter two describes the basic concepts of administrative relief, focuses on related concepts and administrative relief compare and distinguish, and traces the source of ideas of human rights for administrative assistance, protection of human rights and civil rights nature, and observe the basic questions of the recipients from a human rights perspective. Chapter Three is on the theory stated above to examine the status of the administrative relief in the practice of the implementation of the legal system and the shortage of administrative relief, and analyze the major categories of objects. Chapter four utilizes the knowledge of comparative jurisprudence to explain the legislative regulations of the American law, British law and Japanese law, and adopts the legal system and management philosophy that is probably useful to China. Chapter five puts forward some tips in legislation and appealing, including human rights standard, principles of legislation, methods of relief, procedures of cognizance and implement. Chapter six concludes that administrative relief is embodiment of state responsibilities and citizen s human rights; it needs lawful system for standardization. There will be a more strict system in the near future to protect human rights like rights of living, development, personal dignity and equality.