国外社会救助立法比较研究

Comparison of Foreign Social Assistance Legislation

社会救助是最早、最基础的社会保障方式,在维持贫困者基本生活和维护社会稳定方面发挥托底保障作用,各国普遍重视救助相关法律的制定。同时,由于历史传统和现实背景的差异,各国社会救助立法各有侧重。文章以美国、英国、德国和日本为研究对象,对比分析四国社会救助立法的目标定位、立法原则和救助体系,最后总结各国社会救助立法特点。研究表明,美国社会救助立法侧重其补救性定位,个人和市场取向原则,救助体系零散;英国突出社会救助的补充性定位,普遍且最低原则,救助体系全面;德国强调其次级性定位、辅助性原则,救助体系精简;日本社会救助立法综合性最显著、以无差别平等为主要原则,救助体系明确。

Social assistance is the earliest and most basic form of social security, playing a supporting role in maintaining the basic life of the poor and the social stability. Thus, countries generally attach importance to the formulation of relevant laws for social assistance. At the same time, due to the differences in historical traditions and realistic backgrounds, each country＇s social assistance legislation has its own emphasis. This article takes the United States, Britain, Germany, and Japan as research objects, compares and analyzes their targeting, legislative principles, and assistance system of social assistance legislation, and finally summarizes the unique features of social assistance legislation in the four countries. Research shows that the US social assistance legislation focuses on remedial positioning, individual and market orientation principles, and it＇s a fragmented assistance system; the United Kingdom highlights the complementary positioning of social assistance, universal and minimum principles, and it＇s relatively comprehensive; Germany emphasizes its secondary orientation and auxiliary principles and its assistance system is concise; with undifferentiated equality as the main principle, Japan＇s social assistance legislation is the most comprehensive, and its system is quite clear.