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转型时期,弱势群体对生存权利保护需求非常迫切,社会救助城乡一体化势在必行。在此背景下出台的《社会救助暂行办法》确立了八项社会救助基本法律制度,结束了我国社会救助领域立法碎片化的状态。文章认为,虽然《社会救助暂行办法》的出台具有重要意义,但其仅为行政法规,立法层次较低,在社会救助权利性质、国家责任理念贯彻、与其他同领域立法文件合理衔接等方面,仍然存在诸多问题,因此,需要对其主要内容作出分析及客观评价,针对其立法缺陷提出完善建议。
In the transitional period, the vulnerable groups are in urgent need of the protection of subsistence rights and the social assistance of urban and rural areas is imperative. The “Interim Measures on Social Assistance” promulgated under this background has established eight basic legal systems for social assistance and has ended the state of legislative fragmentation in the field of social assistance in our country. The article holds that though the promulgation of the Interim Measures on Social Assistance is of great significance, it is only an administrative law and has a relatively low level of legislation. In terms of the nature of the right to social assistance, the implementation of the concept of responsibility of states and the reasonable linkage with other legislative documents in the same field, There are still many problems, therefore, we need to make an analysis of its main contents and an objective assessment, and make recommendations for its legislative deficiencies.