The practice of the constitutional principle of welfare state - treat the current social assistance system as the reviewed subject

• Main Authors: Hsing-chen Yeh, 葉幸真
• Other Authors: Ai-e Chen
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/5e9g2h

碩士 === 東吳大學 === 法律學系 === 99 === The Social Assistance Law, along with its bylaws, currently provides a regulatory basis for how Taiwan carries out its social assistance program. In addition to ensuring the basic sustenance of the underprivileged, Taiwan’s social assistance program is aimed at offering appropriate assistance to the underprivileged workers, so they may each secure an independent livelihood. However, the long-term outcome of Taiwanese social assistance cast doubt on the program’s effectiveness in giving sufficient amount of support to those who really need it. Such doubtfulness underscores a controversy over how reasonable the existing social assistance regulations are, and consequently prompted this study. This study examines the requirements for social assistance program listed in the Constitution of Republic of China (R.O.C.) from the perspective of the Principle of Welfare State, which is the constitutional basis for stipulations pertaining to social assistance. The Social Assistance Law that serves as the regulatory basis of Taiwan’s social assistance program, is also scrutinized in this article to make sure it includes all requirements listed in the Constitution. Requirements that are missing from the law, if any, are addressed in the ensuing passages, with coping measures proposed for each aspect of the inadequacy.　 Given the concerns mentioned above, the author adopts the following structure for this study, except Chapter One (Introduction): Currently the constitutional basis for the social assistance program implemented in Taiwan is the Principle of Welfare State, which nevertheless is not only an abstract concept without much tangible substance but also hardly stipulated in the Constitution of R.O.C. As a result, Chapter Two presents a discussion of the Principle of Welfare State in order to verify its constitutional status and also its regulatory basis in the Constitution of R.O.C. In Chapter Three, further explanations are provided to specify how a social assistance program should be conceived in order to meet constitutional requirements based on the Principle of Welfare State. In an attempt to explore the role of social assistance program as a part of Taiwan’s social law system, the discourse in this chapter is preceded by an overview of the social law system. With inferences drawn from that overview, the distinctive significance of social assistance program regarding the fulfillment of the Principle of Welfare State is established at the beginning of this chapter. The existing Social Assistance Law in Taiwan is examined in Chapter Four. To generate a clarified context for that examination, this chapter begins with an introduction of the regulatory framework of Social Assistance Law, as well as how the law is actually enforced in Taiwan. In the same time, previous literature in the area of sociology is reviewed in order that the discourse in this chapter better matches what is actually happening in the Taiwanese society. According to that literature review, an array of issues actually present in the society is evaluated in the latter part of this chapter. Finally, statements from the preceding chapters are summarized in Chapter Five, followed by conclusions for the entire study, which include the suggested modifications for each issue that exists in Taiwan’s Social Assistance Law.