a preamble
1938, the German scholar published a Sherlock Stowe Hoff 'as the main administrative services [/u]
Human Rights thinking, individualism, private autonomy and freedom of contract, these ideas are outdated, is intolerable in the past era; With the [u] development , people no longer rely on traditional basic human rights, relying instead on the new human rights: economic share power. Personal care era has its own > responsible for.
government of the citizens of in every possible way to survive to take care of making the executive power to intervene more and more wide range of social life.
practice , the operation of the welfare state because national
constitutional system of different body different, despite the failures, but since the 20th century until the Currently,
tory burch outlet, the world begin with Especially since the 1990s, governments in the government reform is the wave of service-oriented government to create its subject. The concept and practice of administrative services will help enhance the Government's
management capability, but considering the perspective of ordinary citizens still can not help but worry about excessive government power to infringe individual liberty, Hayek, Friedman , Humboldt made devoted to this. From the perspective of citizens by the payment of consideration, then it is also panic: government services in the end is a gift, privilege or
legal can claim the right ? Administrative services allow citizens to
executive Chen defense reasons, if citizens have the right and opportunity to request a hearing, how can maximize fairness and efficiency? This article attempts to answer these questions, but covers a wider view of the administrative services, therefore the selection of its most typical of the social security administration as an example. Meanwhile, another consideration is that the Constitution of 2004, China amendment to increase the administrative procedures to adapt has become we need to explore the subject. To this end, I do not surmise shallow, making this issue a number of
theory in the hope of the development of China's social security administration can benefit from.
Second, the social security administration of the program demands
Social Security Administration is to protect the citizens can maintain a basic living, while living in poverty to provide
public support, through the introduction of social security benefits and public health, medical, social welfare and other administrative activities, aimed at eliminating or reducing the cause of people living in poverty. Provide relief for the poor, the earliest dating back to the beginning of human society the social behavior between members of mutual aid. 1601 the British Government issued the 1880s the German government issued a series of decrees, the institutionalization of social security, stabilization. In 1935 the U.S. government issued the
whole nation of active interest to promote everyone's safety. Government to fully exploit the market, intermediary organizations to provide social security to the people outside, and he established a social security administrative system, typically institutions such as the U.S. Social Security Department, French Department of Social Services, Ministry of Health and Welfare Canada, and so on. These agencies pursuant to statutory authority, the statutory procedures for determining the termination or revocation of a benefit or benefits. The Chinese government also attaches great importance to the social security system in 2004, the social security system is written into the Constitution, but only for the development of a system of opportunity and possibility. Social security system, especially the social security administrative system to improve and perfect, but also depends on the Chinese legal system and many related public
policy re-architecture and integration. From the legal perspective into consideration, the focus on the design of social security administrative entity specification,
tory burch outlet, while the social security administration for the program's requirements is very urgent, Habermas stresses: planning and political guidance and control tasks, the classical sense of the regulations is not enough to provide for the administration of the practice of planning. Classical intervention administrative activities are characterized by reactive, bipolar nature and selective; in which government administration, the emergence of a completely different way of planning practice,
tory burch outlet, the services of government administration. Modern service administrative commitment is to provide basic social security, infrastructure preparation, planning and prevention of risks,
p90x workout schedule, that bear the broad political guidance and control tasks. This administrative action is future-oriented, spread the surface; Moreover, their intervention is involved between the citizens and the relationship between social groups. Modern administrative practices for showing such a high degree of complexity, context-dependent and uncertainty, so that it can not be imagined in advance to fully understand, later in the specification can not be finalized. The standard type is the classical conditional program, it lists some of the facts can be justified as a national intervention conditions, and identify measures that can be used in some countries as legal consequences. Here, this specification
mode is largely ineffective. ... ... The total package of terms, general terms and the legal concept of uncertainty into all legislators language, make the United States provoked the German jurist jurists and disturbed about the same 'legal certainty' discussion. method to achieve accessible. But with the continuous expansion of executive power, the administrative procedures of this stylized attention has been paid, for the control of its executive discretion is significant. Social security administration for the program because of the demands: first, highly specialized social security administration, which has brought more to the practical difficulties. Such as pension accounting, the identification of disability, the extent of poverty and other sectors identified by the professional standards of composition, not the administrative staff of professionals in related fields, so in a relatively fair and substantive rules under the premise how the program ensures the physical
value will be the measure of the true realization of the social security administration as well as administrative services, whether it is just another important benchmark. Secondly, the social security administration involves a very wide field, both medical, employment, injury, social security,
women children, the elderly, social security, but also including the disabled, social security, military, social security, employee benefits system, housing social security, subsistence and other aspects. Under such circumstances, countries around the world for social security administrative cases increased sharply, such as the U.S. state governments receive 1.25 million annually in writing to the Social Security application was refused to enter a written application for re-consideration about 250,000, again rejected by the federal Administrative Law Judge to conduct the hearing with each of 150 000, appeal to the Appeals Board each year about 25,000, appeal to the federal district courts each year about 10 000. . ) And the United States Circuit Court also sentenced to an average per judge per annum 382 related cases. ) To reduce the appeal tired, improve administrative efficiency, design and implementation of proper administrative procedures will be very important. Again, the social security administration
Management relative rather special, most of which are weak in social life, or because of illness and death, or they are caught in natural disasters and hardships, or the losers in market competition, or due to congenital or acquired causes weaker than normal, and so on. They have the ability and the possession of natural resources and the regulation is quite different relative to the administration to provide adequate procedural safeguards would obviously give them adequate care and people living in this care. In addition, the social security administration for the program's appeal is also from some of the features of its own. Both professional and social security administrative complexity, and with the money, in-kind payments associated with Medicaid funds reached $ 32.4 billion. The Chinese governments at all levels in 2003 the minimum living security fund expenditure $ 15.6 billion, of which central government grants 9.2 billion yuan in central and western regions difficult. See ) Administrative body and its staff thus have greater power to control and discretion, as a control method of power and abuse of discretion, one of the procedures for controlling manner in which they should be taken seriously and considered.
TAG label: On the Social Security Zheng Dangzhong program administration
On the social security administration in the due process
on
society security
Chief in the due process
high high Qin Wei Qin Wei, Central University of Finance
Law School instructor, Doctor of Laws.
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