| Social assistance is an important part of state administrative payments.Social assistance refers to a kind of life security policy in which the state and society provide relief and assistance to socially vulnerable groups.In China,its specific content includes subsistence allowances,special hardship support,disaster relief assistance,medical assistance,education assistance,employment assistance,and housing assistance.And the eight major aspects of temporary assistance,as the coverage of national social assistance is getting wider and wider,new social issues have emerged:many people who do not qualify for social assistance have enjoyed social assistance treatment,and some have forged documents,provided False materials are used to deceive social assistance.Some of them are eligible for social assistance,but after a period of economic improvement,they conceal the situation,some obviously have the ability to work but refuse to work,and others are enjoying the minimum guarantee.Luxury cars,high-end hotels...These acts are violations of the principle of good faith by administrative counterparts in the field of social assistance.Such dishonest behaviors are widespread in practice and damage national interests,making those who should have been rescued unable to receive assistance.These behaviors also impede social justice and prevent social assistance from functioning properly.The first part of this article made a preliminary identification of the dishonest behavior of social assistance objects,and divided it into social assistance fraud,refusal to work,high consumption and other types of dishonesty,and the official reports of local governments have explained the harmfulness of dishonest behavior ofsocial assistance targets.The second part of this article analyzes the situation of Ex-ante supervision mechanism of dishonest behaviors.The Ex-ante supervision mechanism consists of investigation,democratic evaluation,publicity,reporting supervision,spot checks,and regular verification.In practice,there are many problems,such as the concentration of investigative powers,the imperfection of the information checking mechanism,and the deficiencies in the design of the publicity and democratic evaluation system.The third part of this article analyzes the situation of ex-ante supervision mechanism for dishonest behaviors.The ex-ante supervision mechanism includes means and procedures.The means include stopping the rescue,recovering the rescue,administrative punishment,and credit punishment.In practice,there are dilemmas such as difficulty in identifying dishonesty and difficulty in implementing disciplinary measures.These dilemmas arise from the excessive abstraction of current legal norms and the imperfection of the voluntary withdrawal mechanism for social assistance.The fourth part of this article discusses how to improve the regulatory path for dishonest behaviors of social assistance objects.First of all,it is important to emphasize the principle of subsidiarity in the field of social assistance in China,and to make clear that social assistance is fundamental and complementary,and its purpose is to restore the self-reliance of the recipients.Using this as a guide,the perfect mechanism for discovering the dishonesty of social assistance objects can start with the establishment of a special investigation agency,the establishment of a cross-regional information checking mechanism,and the improvement of the publicity and democratic evaluation system.To improve the ex-ante supervision mechanism,we need refine administrative procedures,determine the discretionary benchmarks for administrative penalties,improve the credit supervision system,and improved the voluntary withdrawal mechanism for social assistance. |