行政救助决策权法治化研究

Research on Legalization of Administrative Assistance Decision-making Power

行政救助是政府对依靠自己的努力不能满足基本生活需求或遭受急难灾害的公民进行的救援和帮助。行政决策是政府履行救助职责的主要手段和方式。行政救助决策权的法治化主要包括行政救助创设决策权的法治化、行政救助预算编制决策权的法治化和启动实施急难救助决策权的法治化。中央和地方行政救助决策权限划分要实现法治化并优化中央和地方在行政救助上的财政分担机制。

Administrative assistance refers to the relief and help offered by the government to the citizen who cannot meet basic life demand by themselves and who suffer emergency,contingency or natural disaster. Administrative decision-making power is the main way of the government to fulfill the responsibility of assistance. The legalization of administrative assistance decision-making power includes the legalization of decision-making power to create administrative assistance, the legalization of decision-making power to prepare administrative assistance budget and the legalization of decision-making power to start and implement the emergent assistance. Administrative assistance decision-making authority partition between central and local government should be ruled by law and financial sharing mechanism should be optimized.