Analysis of nongovernmental organizations involved in rural economic law interpretation of social aWord格式文档下载.docx

1、 Abstract: From the perspective of economic law, civil society organizations involved in rural social assistance for the interpretation of the main economic law determining the status of civil society organizations and the social assistance system of law, economic law areas of ownership, and thus ex

2、plain the economic law regulating civil society organizations in the rural social assistance significance. Paper Keywords: civil society, the rural social assistance, economic law, interpretation of One pair of basic concepts related to the rational sort 1.1 NGOs, civil society organizations （NGO, N

3、o-governmentalOrgani-zations） in China is also known as non-governmental organizations, and was also known as “social organizations”, “private non-enterprise units”, “non-profit organization,” “social center organization . intermediary organizations “ third sector “, etc. Yu Ping in <&China Socia

4、l Sciences> the author of the concept compared comb and identify analysis and concluded that,” civil society “concept highlights the civil society organizations, civil , and its extension to cover the above concept to express the main meaning of comparison, this is a proper expression of the conc

5、ept of civil society organizations. The author suggested that in talking about subjects as civil society organizations or bodies, as much as possible consistent using the “civil society” concept, the concept of terminology to avoid unnecessary controversy and confusion. I also use the research in “c

6、ivil society” （English translation is still NGO） as a normative term, but does not attempt to define them as “non-governmental organizations to understand the social role of the concept than to determine their consistency is much more important.” According to the U.S. Johns Hopkins University compar

7、ative study of non-profit research centers, civil society organizations should have the organization, civil, non-profit, autonomous, voluntary five characteristics. 1.2 of rural social assistance social assistance refers to the old and sick and living in society difficult and subject to low-income o

8、r very trouble disaster emergency personnel or family, country and community can provide a variety of relief and social welfare general. specific to the text of the rural social assistance mainly refers to the government and the social forces of various vulnerable groups in rural relief and welfare

9、services in general. Specifically, the main minimum living security system including farmers, five-guarantee system, rural poverty alleviation and development, rural emergency assistance, legal aid in rural areas, renovation of dilapidated buildings in rural areas, rural areas and many other special

10、 rescue personnel. The main features of the rural social assistance are: relief object selective. At all times, especially in rural areas lack the ability to work is not always the source of the solitary life, old, young, disabled, sick or because of sudden disaster and trouble people, state and soc

11、iety should be given appropriate assistance. lower standard of social assistance Social assistance and social performance of the national minimum social security responsibility to provide the minimum needs of life to meet the recipients object. social assistance with a temporary Social assistance in

12、 various forms, in addition to some long-term relief objects, most of the objects of social assistance is temporary assistance, once lifted their plight, with the guarantee of basic living, their social assistance no longer continue. 2 non-governmental organizations to determine the dominant positio

13、n of economic law At present the main economic law economic law scholars for not constitute a highly consistent and universal recognition of the use of the law department with the traditional legal relationship between intuitive and clear compared to more complex legal relations of economic law, whi

14、le to this kind of complex, multi-dimensional law the relationship between the abstract and the main types of, prone to failure and type of cross-generalization of defects, which is the subject of the reality of economic law. Objectively speaking, non-governmental organizations for research, politic

15、al science, sociology research in the field has been large-scale, relatively closed to the attention of law and of this lag has been greatly in recent years, economic law scholars began to study the non-governmental organizations: a scholars of social organization as a national, state organs, in par

16、allel with the internal organization of the main economic law; some scholars as the socio-economic groups clearly the main economic law, some scholars and social middle layer of the main market players, economic administrative body placed in the “middle layer of a government a social market” three-l

17、ayer framework to study, clearly the social position of the middle layer of the main economic law, some scholars from the “public administration point of view” on examining the social self-organization of economic law, some scholars made a market, society, state the three main groups of the classifi

18、cation point of view of economic law, as well as scholars from the characteristics of economic law and legal institutions in the third sector functional analysis of economic law, economic law meaning of the third sector. Although these scholars focus on the title or not consistent, but he. The purpo

19、se of our study is very clear, that is to redesign the main system of economic law, establishing the third category of the main （non-governmental organizations） in the legal status of economic law. The study shared the same view, and understand that the dominant position of economic law, civil socie

20、ty organizations from the following aspects to understand and grasp. civil society is independent of the special economic law, the government and the main market players. The emergence of both non-governmental organizations to overcome. “ market failure “, but also overcome the” government failure “

21、, both to regulate private rights abuse, but also to curb state intervention and non-governmental organizations, the purpose of the value of the pursuit of economic law fit, it can be said that civil society organizations in order to achieve the economic law of the day The existence and activities,

22、which should belong to the main body of economic law. civil society organizations should be defined as independent of government and the general market of the main body sui generis economic law for the position and role of civil society organizations, can not simply replace, nor excessive expansion

23、, but should be established in the economic law of architecture, to maintain proper position to play its due role. the public asked the organization of special regulatory mechanism of economic law. Friedman has pointed out: “The law and the same for all organisms, must With the environment it easier

24、 to change, and seek its growth in a changing, lest they be limited to rigid, Bunengshiying needs of the community . current law 体系 has grown from public and private law dual structure to Shan-Man ternary structure, economic law as independent The first public and private law jurisdictions, the face

25、 of government and the market “double failure” between the government and civil society organizations to become special market adjustment mechanism between the one hand, civil society organizations take a more and more reason to perform, such as elimination of government departments poverty and envi

26、ronmental protection to meet the diverse needs of the communitys public service functions, to make up for the lack of public services and bureaucratic deficiencies, restricting the authority of government on the other hand the interests of civil society organizations as a representative, through sel

27、f-discipline coordination and communication with the Government members as possible to safeguard the legitimate rights and interests and public interests, to overcome the hand of the market in the interests of the distribution of defects. It is in this sense, civil society organizations show the rea

28、sonableness of its existence, highlights the economic law as a special control mechanism profound value. 3 Social Assistance Act to establish ownership of areas of economic law system Social Security Act can be divided into social assistance law, social insurance, social welfare law three relatively

29、 independent areas. Structure, at this stage of the Social Security Act is based on Labor Law, Social Assistance Act for the bottom line, as the core of social insurance law to the Social Welfare Act to assist Social Assistance Act aims to protect the residents by providing relief and humane life, s

30、o that people in trouble with social development to adapt the one hand, social assistance legislation is the earliest form of social security system, many countries, social security law is based on the Social Assistance Act and gradually formed up on the other hand, social assistance is to protect t

31、he rights of members of the society to survive the last line of defense. members of society, there is always some people because of low income or experiencing fall into major trouble and hardships, through social assistance to get help. Social Assistance Act and the relationship between economic law

32、, the same performance as the social security law and economic law relationship of economic law scholars for the market order regulation of macro-control law is a law and economic law system, part of the basic aspects of consensus in the market of the main （or said the main economic law） regulatory law and social security law is a law system point of view is not uniform, for the attribution of social assistance law ha