我国民间救助的法律困境与解决对策

民间救助是指人们基于同情心、慈善心和回报社会的责任感,对生活困难者行善施舍,向他们提供资金和实物,保障其基本生活的辅助性社会保障制度的组成部分。我国在民间救助的理论研究和立法中存在很多困境,基于这种认识,本文试图从民间救助的概念、特点、合理性等一般理论入手,深入探讨民间救助的法律空白、准入、监管等困境,并提出了完善的建议,认为我国应当建立一种以国家救助为主、民间救助为辅的社会救助完整体系。

Legal Difficulties of Folk Salvage in China and Solutions

Folk salvage, which refers to the people who live in difficulty relying on money and materials provided by other people out of sympathy and charity, so that their basic living expenses can be ensured. The folk salvage is one part of the social security system. There are many difficulties and problems in theoretical re- search and legislation concerning folk salvage in China. Based on this understanding, this article firstly at- tempts to analyze the general theory of folk salvage, such as its concept, its characteristics and the rationality. Besides, this article discusses the folk salvage＇ s legal dilemma in terms of legal blank, access system and the lack of legal supervision. In the end, the article puts forward some suggestions to perfect our country＇ s social assistance system, which should be established by relying mainly on state aid while making use of folk salvage subsidiary.