Academic journal article Canadian Social Science

A Study on Theoretical Construction of the Right of Claim on Social Assistance Benefits: From the Perspective of Comparative Study in the Mainland and Taiwan of China

Academic journal article Canadian Social Science

A Study on Theoretical Construction of the Right of Claim on Social Assistance Benefits: From the Perspective of Comparative Study in the Mainland and Taiwan of China

Article excerpt

Abstract

In China, governmental administrative departments conduct property investigations to confirm social assistance objects whose incomes can not maintain a basic standard of living, namely these people legally obtain the right of claim on social assistance benefits. The right of claim on social assistance benefits not only reflects the effective implementation of the benefits administration legislation which protects individual legitimate rights and interests, but also is a response to the goal of the state public welfare administration which is expected to guarantee a basic living standard for everyone.

Key words: Benefits administration; Social assistance; The right of claim on social assistance benefits; Administrative action.

INTRODUCTION

In 1938, the German scholar Emst Forsthoff put forward that "The provision of public services for the living is a task of the modem administration." This important proposition had become the core of Forsthoff's benefits administration theory that gave a theoretical basis of the protection of individual rights in public law. The concept of benefits administration has been gradually accepted by the administrative law scholars in the mainland China. At present, the governmental benefits administration can be approximately divided into the governmental supply administration, the governmental social security administration and the governmental aids administration and so on. The governmental social security administration can be divided into the social assistance (public assistance), social insurance, social benefits and social welfare (Minami, 2009). This paper will take the right of claim on social assistance benefits as an example, to explore its implementation mechanisms and its relief methods. This way may have more practical significance than overall justifying the legitimacy and rationality of the right of claim on social assistance benefits.

1. THE PAYMENT METHODS OF SOCIAL ASSISTANCE BENEFITS

Social assistance is generally considered to be the last means for against poverty in the system of social security (Ditch, 1999). Since entering modern times, along with the development of the society, social assistance has been often defined as a service or system, in which, the benefits paid by the government aid low income people who s earning less than the minimum living level. Compared to other forms of social security, assistance is a payment pattern that is directly for the purpose of people's survival and it does not take the form of reciprocal payment against delivery as a precondition. After the governmental administrative conduct property investigations to confirm social assistance objects whose incomes can not maintain a basic standard of living, these assistance objects legally obtain the right of claim on social assistance. The right of claim on social assistance benefits not only reflects the effective implementation of the benefits administration legislation which protects the individual legitimate rights and interests, but also is a response to the goal of the national public welfare administration which is expected to guarantee a basic standard of living for everyone.

In the legislation of many states, social assistance definitions reflect both the purpose and intention of social assistance. In our country, "Social Assistance Law (Draft)" defines that the social assistance refers to material aids and services provided by the state and the society for citizens who are difficult to meet the basic needs of survival by relying on their own efforts.1 In the "Social Assistance Law"2 promulgated in the Taiwan region of China, the first article points out that the purpose of the social assistance law is "to take care of low and middle income households and victims of emergency trouble or disaster, and to assist in their independence". The second article defines types of social assistance that are "living assistance, medical aid, emergency relief and disaster relief'. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.