Study On The Improvement Of The Theory Of Legal System Of Temporary Relief Path Assistance

Temporary relief refers to the subject of a rescue the country,the government or the third party strength,to encounter such as COVID-19,unexpected events,such as severe acute respiratory syndrome(SARS)epidemic traffic accident and other sudden,the special case of urgency,and basic life into a temporary difficulties,providing aid money,material assistance or service assistance of a kind of action and content.The legal system of temporary assistance is an institutional norm of temporary assistance.The legal system of temporary assistance in China is covered in the Interim Measures for Social Assistance and some normative documents.It has been 13 years since temporary assistance was first included in the legal normative documents.In during the implementation of the system,system and reality are exposed gradually appear to start,temporary relief legal system faced with assistance subject determine difficult,rescue object cannot timely and effective recognition and assistance content cannot be relatively accurate adaptation,assistance period is unknown,supervision and relief system are not perfect,and many other problems.The emergence of these problems indicates that the temporary relief legal system needs to be improved urgently.The root of the above-mentioned problems in the legal system of temporary relief lies in that the Interim Measures for Social Relief,on which the legal system of temporary relief relies,has a relatively low level of effectiveness and weak operability,and the legal system of temporary relief presents the institutional characteristics of "fragmentation".In practice,the implementation of temporary assistance mainly relies on "opinions","notices" and other normative documents or local regulations,while more effective and practical legal systems are in short supply.Moreover,the whole legal system of social assistance is not systematic and cohesive enough.There is no strong correlation between legal assistance projects such as employment assistance and education assistance and temporary assistance,and the overall operation mechanism is not smooth.Although the level of assistance is affected by the level of local economic development,there are great differences in the relief methods adopted in some places where the level of economic development is not very different,and the relief standards for the recipients of assistance in the same situation are also different.Faced with the temporary relief of the imperfection of the legal system,to improve the system of temporary assistance legal entity content,namely in the integral design under the social relief act,attaches great importance to the legal system of temporary relief of assistance and rescue assistance object design,clear the temporary relief of objectives,ideas,principles,advancing the temporary relief of the operation mechanism of "emergency" optimization effectively.To achieve the cohesion between the provisions of the legal system of temporary assistance,strengthen the correlation between the legal system of temporary assistance and the legal system of social insurance,and enhance the compatibility between the legal system of temporary assistance and other relief projects stipulated by the legal system of social assistance.On the other hand,it is necessary to promote the procedure design of the legal system of temporary assistance,make up the shortcoming of the assistance procedure,clarify the application and approval link of temporary assistance,and improve the application and approval process.Standardize the implementation of relief measures,such as the provisions on the distribution of relief materials,the implementation of relief services,and the withdrawal of relief objects;Establish and improve the legal supervision mechanism of temporary aid,strengthen the supervision of the main body of aid;Strengthen the effective supervision over the implementation of the temporary relief legal system,clearly regulate the behavior of the relief subjects,and realize the protection of the rights and interests of the relief objects.To sum up,in order to promote the improvement of the legal system of temporary assistance,it is necessary to establish the institutional concept of timely,accurate and effective temporary assistance.We should establish a state-led temporary relief mechanism,strengthen the participation of social forces in temporary relief,enrich the resources of relief subjects,identify diversified temporary relief subjects,expand the scope of temporary relief objects,and better realize the accuracy,timeliness,scientificity and effectiveness of relief.When defining the mode of rescue,the characteristics of the mode of rescue and the needs of the rescue objects and other factors should be taken into account to clarify the rescue period corresponding to different rescue objects and different rescue methods,so as to realize the effective coordination between the rescue content and the rescue period.