The Construction of Social Assistance Law: Comparison between Taiwan Law and French Law

• Main Authors: Hsien-Chi Kan, 甘獻基
• Other Authors: Tzung-Jen Tsai
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/37147948443391724910

碩士 === 國立臺灣大學 === 法律學研究所 === 99 === The motivation in this thesis was originated from a judicial decision of Administrative Court. The first part of this thesis has mainly researched the brief history of Social State and the difficulties during the process. Furthermore, from the research to the Constitutional norms of right to live and social assistance policy, the course of social assistance law in Taiwan and the values and social patterns behind those articles, shows the optimism toward the functions of the family and the fear of the poverty trap in the social assistance law in Taiwan. It also shows the rules were unfavorable to the family members who have bad relationships and the family which has foreign spouse. The second part was adopt from the view of comparison, to observe the elements and requirements of the “Code de l''Action Sociale et des Familles” (Code of the Social Action and the families) in French law system, which plays the same role as social assistance law, and try to explore the content and values of these rules. Through the concepts of solidarity (solidarité) and Insert in French law as the end of the social assistance law, the intervention of Courts makes the complementary relationship between the State and the family more significant, the means is changed from maintaining basic conditions of living to social binds. The social assistance law in Taiwan may have improvement through the study. Finally, this thesis proposes opinions for the further reference to amend the law.