Abstract:
The legal system governing social assistance lacks clear provisions regarding the statutory criteria for eligibility and presents ambiguities concerning the relationship between social assistance and maintenance obligations. These shortcomings result in excessively stringent conditions for applying for social assistance in practice. Consequently, when the person responsible for maintenance fails to fulfill their obligations, the potential beneficiaries of social assistance may be unable to access aid, thereby falling into actual poverty. To clarify the relationship between social assistance and maintenance obligations, it is necessary to analyze the legislative practices at both central and local levels. The central level includes the Constitution, laws, and administrative regulations, while the local level consists primarily of provincial and municipal regulations, as well as provincial and municipal government rules. An analysis of the legislative practices concerning the relationship between social assistance and maintenance obligations reveals that the maintenance obligation is not a substantive requirement for social assistance, and that there is a sequential relationship between the two. To promote the healthy development of the social assistance system, legislative improvements should focus on three aspects: clarifying the statutory requirements for receiving social assistance, defining the scope of family members living together based on the “nuclear family”, and establishing a social assistance preliminary payment system.