At the same time, we should also see that the rapid development of the market economy, the social welfare system is not adapted to the situation shows a strong demand for reform, and gradually improve the welfare system does not adapt to the requirements of the development of the market economy is in front of the legislator a serious and difficult task.
1. Reform and Improvement of Social Welfare
(1) Social Welfare Enterprises
Since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China (CPC), the production of social welfare has been rapidly developing under the support of the state policy and relying on the strength of the society, which has played an important role in solving the problem of employment of the disabled, improving the life of the disabled, raising the social status of the disabled, promoting the stability and unity of the society, and creating wealth for the country. It has made positive contributions to solving the employment of the disabled, improving their lives, raising their social status, promoting social stability and unity, creating wealth for the State, and carrying out vocational rehabilitation for the disabled. However, since the 1990s, as some of the external environments for the development of social welfare production have changed, competition between industries and enterprises has become increasingly intense, and welfare enterprises have been at a constant disadvantage in the fierce competition in the marketplace: during the Eighth Five-Year Plan period, the introduction of macro-control policies and measures has made it difficult for some welfare enterprises to make headway; the price of medical care, housing, and pension insurance systems has become more and more difficult for some welfare enterprises to meet, Reforms in price, medical care, housing, and pension systems have all exceeded the internal capacity of welfare enterprises to absorb them: the "triangular debt" problem and the control of the size of the national credit system have also put serious constraints on the development of welfare enterprises. All these make social welfare enterprises face more and more serious test.
As far as the social welfare enterprises themselves are concerned, the quality of their employees is generally low. Some welfare enterprise managers are not highly qualified, backward management consciousness, lack of scientific management methods and means; some of the basic work is weak, the rules and regulations are not sound, the economic responsibility system is not perfect, there is no practical business strategy and long-term goals; some of the commodity economy consciousness and market concept is not strong, in the development of new products, the application of new technologies, technological transformation, personnel training and other aspects of the measures are not effective; some of the civil affairs directly under the welfare enterprise internal "big big" welfare enterprises. The "big rice" and "iron rice bowl" mechanisms within some of the welfare enterprises have not been fundamentally changed. At the same time, the existing management organizations, management methods and management levels of civil affairs departments at all levels are difficult to adapt to the current scale of development of welfare production. Sloppy management and management not adapted to the needs of development have become the main factors affecting and restricting the consolidation and development of welfare production.
To this end, the Ministry of Civil Affairs issued the Decision on Strengthening the Management of Social Welfare Production on January 4, 1992, which has the following reforms: 1. Strengthening the macro-management of civil affairs departments. Civil affairs departments at all levels are required to set up unified and specialized administrative bodies in accordance with the principles of changing functions and separating government and enterprises; civil affairs departments are required to carry out annual inspections and accreditation of social welfare enterprises, and to make the proportion of disabled workers placed in such enterprises, the situation of disabled workers in terms of job placement and induction, and the labor insurance and welfare benefits of disabled workers an important part of the annual inspections; and to strengthen the supervision of the collection of the management fees and the use of tax exemptions and reductions in the management of social welfare production. 2. Implementing and improving support and protection policies. Seek the support of local governments and relevant departments, and give priority to arranging or transferring to welfare enterprises the production of products suitable for the disabled, especially the blind. Organize expert debates to gradually identify certain products to be produced by welfare enterprises. Specialized banks and financial institutions are offering a 20 per cent discount on interest rates for loans to welfare enterprises. Raw materials needed by welfare enterprises are guaranteed to be supplied by the planning and material departments. 3. technological transformation and product restructuring. Based on the national industrial policy, adjust the product structure, develop a batch of new products and fist products; develop foreign exchange products and form a batch of export-oriented enterprises. Each year, the Ministry of Civil Affairs and local civil affairs departments allocate 1/3 (10 million yuan) of the funds from the fund-raising committee to subsidize the interest rate of loans for the technological reform of welfare enterprises.4. Emphasize personnel training and talent development, and constantly improve the management and technical quality of cadres and workers.6. Strengthen the management of welfare enterprises. Including strengthening the basic work of enterprise management, quality management work, and marketing work.
(2) Publicly-run social welfare organizations
Publicly-run social welfare organizations are limited by the state's financial resources, so the primary problem is the narrow coverage and small scope of protection. Take the sos village for example, our country is currently in Tianjin, Yantai, Qiqihar and other places to establish the sos village, these three places *** adopted more than 400 orphans; say children's welfare institutions, the big Beijing only two children's welfare institutions. From this we can see that the vast majority of orphaned children either live in society or are raised by their families. Public social welfare institutions are the ultimate goal of social welfare development, and in the absence of sufficient State financial resources, the State guarantees the development of community services to fill the gaps in social welfare institutions. Therefore, to develop social welfare institutions is the most fundamental to strengthen the national power, which is a long-term task.
In addition, with regard to the organization of public social welfare institutions, their powers and duties, and the rights and obligations of their residents, the State has not enacted any separate legislation to regulate social relations in this area, except for the Social Security for the Disabled Act, which provides in principle in chapter 6, article 43. The lack of strong legal safeguards is another reason for the slow development of public social welfare institutions. The State should therefore strengthen its legislation on public social welfare institutions, specifying under what circumstances they should be set up, the conditions under which they are to be accommodated, what guarantees are to be provided, the conditions under which they are to be discharged, and the judicial protection of those accommodated under such conditions, and so on, so as to promote the development of this cause by means of legislation.
(3) Prize fund-raising for social welfare
Prize fund-raising for social welfare is organized by localities, and the funds raised by localities are paid in, retained, and used in accordance with the prescribed ratios, contributing to the development of the local social welfare undertakings; and the Ministry of Civil Affairs issued the "Measures on the Administration of the Welfare Lottery" in December 1994, which stipulates the issuance and sale of welfare lotteries, the use of funds, and the supervision and penalties. In December 1994, the Ministry of Civil Affairs issued the Measures for the Administration of China Welfare Lottery, which regulate the issuance and sale of welfare lottery tickets, the use of funds, supervision and penalties, and so on, so that the management and operation of welfare lottery tickets are based on the law. However, three of the provisions in Chapter 6 of the Measures, on supervision and penalties, are too principled and lack operability, which ultimately affects the social effects of the application of the Measures. A more prominent problem is that, according to paragraph 4 of article 8 of the Measures for the Administration and Use of Prize-Raising Social Welfare Funds issued by the Ministry of Civil Affairs in December 1994, "Social welfare funds are mainly used to subsidize social welfare undertakings serving the elderly, the disabled, and orphans, to help people with special difficulties, and to support the development of community services and social welfare enterprises. " In practice, however, the use of funds only to inform citizens in the form of "regular public announcements to the community about the use of the income and expenditure of the funds collected" (Article 19, paragraph 2 of the Statute of the China Social Welfare Prize Fundraising Committee) will lose support due to a lack of transparency and credibility.
Social welfare prize fund-raising is a public welfare activity organized and implemented by the state, mobilizing social forces to raise funds for social welfare, and the funds are taken from the people and used for the people. Social welfare fund-raising committees at all levels and the composition of their functional bodies, in addition to government officials, should be absorbed by a certain percentage of social welfare enterprises, public social welfare institutions, community representatives elected by the public to strengthen the transparency of funds and expenditure and supervision, so that the collected funds really play its function.
(4) Scientific Research and Production of Prosthetic Limbs
The Program for the Specialized Production of Standard Parts and Components of Prosthetic Limbs in accordance with the Principle of Specialized Collaboration and the Plan for Scientific Research and Development of New Products of Prosthetic Limbs, both of which were announced in September 1979, provided the legal framework for raising the level of production of prosthetic limbs in China and for promoting the modernization of prosthetic limb production to guarantee the safety of people with disabilities in using them and to enhance their ability to deal with daily life and participate in society. and improve the ability of the disabled to handle daily life affairs and participate in society, providing legal protection.
There are 7.55 million physically handicapped people in China, among whom about 450,000 need to be fitted with prosthetic limbs and 140,000 need to be fitted with orthotic devices, totaling about 600,000 people. In addition to more than 40 state-owned prosthesis and orthosis production units directly under the civil affairs department, there are about 200 production enterprises belonging to the health system, Sino-foreign joint ventures, wholly foreign-owned and individual private enterprises. (Note: Zhang Yu, "A Matter of Quality of Life for the Disabled," China Social News, July 17, 1996, p. 2.) Among these 200 production enterprises, there are some units and individuals who do not have the qualifications to work in the prosthetic industry, who have obtained business licenses for the assembly of prosthetic limbs and orthotic devices, and who have opened prosthetic limb enterprises to produce unqualified prosthetic limbs and orthotic devices; there are also people who pose as "senior prosthetic technicians" or "senior engineers" to deceive the disabled and to make them feel that they are not qualified. Others pose as "senior prosthetic technicians" or "senior engineers" to gain the trust of persons with disabilities. The products and behaviors of these enterprises and individuals have seriously damaged the physical and mental health and personal safety of the disabled.
The prosthetic industry is a special-
industry that produces and assembles prosthetics, orthotics and other rehabilitation appliances for the physically disabled. The introduction of modern science and technology into the prosthetic and orthotic industry, while constantly improving the business level of the producer to meet the modern level of standards, has become a major event concerning the quality of life of people with disabilities. 16 April 1997 the Ministry of Civil Affairs announced the "Provisional Provisions on the Provisional Qualification System for Prosthetics and Orthotics Producers" is precisely in line with the standardization of the production of prosthetic limbs and scientific needs and requirements of people with disabilities and the development of the. It will be a powerful safeguard for controlling and sanctioning illegal behaviors in the production of artificial limbs and safeguarding the legitimate rights and interests of the disabled. According to the report of China Social Newspaper on July 8, 1997, the Ministry of Civil Affairs will set up the National Qualification Examination Committee for Prosthetics and Orthotics, issue the "Examination Methods" and "Examination Outline", and hold the examination at the end of the year. "The examination will be held at the end of the year. And a system of registered prosthetics and orthotics makers will be introduced from next year.
2. Reform and Improvement of Employee Benefits
Since the reform and opening up, the reform of employee benefits has been greater in the reform of the urban housing system. The significance of this reform lies in the fact that the system of gratuitous distribution of housing as welfare has been changed in the past, and housing as a commodity has been brought into the orbit of the planned commodity economy, so that it enters the field of consumption through market exchange. This will have a major impact on social production, circulation and consumption, and will ultimately reform the consumption structure of urban workers' lives. Reform of the housing system will enable workers to use their labor income in exchange for housing, changing the past high welfare, low rent distribution system caused by various shortcomings, in turn, to promote the reform of the housing system.
In addition, the state has also made appropriate adjustments to the employee welfare fund withdrawal methods. Employee welfare fund is according to the provisions of the labor insurance regulations, by the enterprise in accordance with a certain percentage of the wages of employees, and then used for employees' medical expenses, funeral expenses, living difficulties subsidies, as well as collective welfare facilities and other aspects. The welfare funds for employees of state organs and institutions underwent several reforms and were basically stabilized by 1954. Before 1969, the employee welfare fund of enterprises was extracted at 8% of the total wages; from 1969 onwards, it was extracted at 11% of the total wages and directly included in the cost. 1992, the Ministry of Finance issued the Circular on Raising the Proportion of the Employee Welfare Fund Extracted from the Employees' Welfare Funds of the State-Owned Enterprises and Adjusting the Base of the Employee Welfare Fund and the Employee Education Expenditure Program, which stipulated that: the employee welfare expenses included in the cost as required were 14% of the employees' total wages after deducting all kinds of bonuses. After deducting all kinds of bonuses, 14% of the total amount of employee's salary shall be withdrawn from the cost. At present, there are the following problems in the extraction and use of employee welfare funds in enterprises: First, the method of extraction is unreasonable. At present, the structure of employee income has undergone a relatively big change, bonus income has accounted for about half of the total income, if a certain percentage of the standard wage to extract welfare fund, the amount will be very small; new and old enterprises due to the age structure of the proportion is different, so in the new enterprises, because of the number of young workers, the total amount of wages is low, because of which the extraction of less, while in the old enterprise is to extract a lot of so that the actual needs of the extraction of the amount of the difference is too large; Secondly, the scope of utilization is not scientific. Because of the small amount withdrawn from the welfare fund, it cannot meet the needs of the employees for basic collective welfare facilities, such as kindergartens, nurseries, barber shops, bathrooms, etc.; some expenses that do not belong to the welfare program, such as medical expenses, funeral expenses, and one-child subsidies are also expended from the welfare fund, especially the huge amount of medical expenses, which crowds out the welfare fund, and makes the use of the welfare fund suffer serious impacts. In view of the above problems, the following countermeasures should be taken: firstly, in the extraction of the welfare fund, it can be taken to divide the employee welfare into two parts: *** enjoyment and change, *** enjoyment part is mainly used for the needs of life, and the change part is used for the needs of development. The *** enjoyment portion will be withdrawn as a percentage of the employees' gross wages, and the change portion will be withdrawn from after-tax profits. In this way, units with poor economic performance can safeguard the basic welfare of their employees, and units with good economic performance can provide more welfare protection for the comprehensive development of their employees; secondly, in terms of the use of the welfare fund, the medical expenses belonging to the category of social insurance should be set aside from the welfare fund and paid out of the social insurance fund; the allowance for one child should be arranged for separate project expenditures; and the salaries of staff members of the various welfare facilities should be merged into the salaries of the employees and should no longer be paid out of the welfare fund. They should no longer be paid from the welfare fund. (Note: An Overview of China's Social Security System, China Democracy and Law Press, 1995 edition, p. 1074.)
3. Reform and Improvement of Community Services
Community services is a new social service industry developed during the reform and opening-up process. It is a residential service industry of social welfare nature that is advocated by the government to meet the multiple needs of the members of the society, and is based on the community organizations of streets, towns and neighbourhood committees, which is an important industry in the social security system and the socialized service system.
From 1987, the Ministry of Civil Affairs advocated the development of community services, community services in large and medium-sized cities across the country has begun to take shape, to 1992, all types of community service facilities have reached 112,000, to adapt to the change in government functions, the transformation of business mechanisms, the realization of social welfare social office has made a useful exploration. By the end of this century, the community service industry will have reached the following goals: to basically build a community service network with coexisting economic components, a complete range of services, and a high level of service quality and management. Community service industry output value to 13.6% annual growth rate; per 1,000 population with a great increase in service outlets, all types of community service facilities to reach 260,000; more than 85% of the streets to build a community service center, a senior citizen apartments, a disabled person with a nursery and more than one child care institutions.
In order to achieve the above goals, standardize the community service industry, to avoid the emergence of arbitrary, subjective, unstable drawbacks, the Ministry of Civil Affairs, the National Planning Commission, the National Reform Commission, the National Education Commission, the Ministry of Finance, the Ministry of Personnel, the Ministry of Labor, the Ministry of Construction, the Ministry of Health, the National Sports Commission, the National Health Commission, the People's Bank of China, the State Administration of Taxation, the Chinese Committee on Aging, fourteen in August 27, 1993 jointly issued the "On Accelerating the Development of Community Services", which is the first of its kind in China. The Opinions on Accelerating the Development of the Community Service Industry were issued on August 27, 1993 by fourteen organizations. The Opinions made principle provisions on the tasks of the community service industry, the overall planning of the community service industry, the support for the community service industry, the financing of the development of the community service industry, the establishment of the price system for community services, the management of the community service industry, etc., which had an important guiding and directing effect.
However, the Opinion is too much principle, so only guiding role, but no normative role, can not really play the role of escorting the development of community service industry. This calls for the gradual development of the main elements therein into binding, operationally sound normative documents. For example, "Opinion V" in the provisions of the "integrated planning of community service industry", should be at all levels of planning departments will develop community service industry funds, labor, land in the local plan conditions, application and approval procedures, judicial remedies, and other issues in accordance with the community service has the characteristics of the social welfare nature of the ordinary service industry to make the requirements of the different provisions. Provisions. In addition, the community service industry support, price system, etc., should also be from the welfare, mass, service, regional characteristics and social benefits before economic benefits of the start-up purpose, to make some provisions to help its development.