论社会救助法对纵向府际关系的调整

社会救助作为一项全国性公共物品，其主要的供给责任属于我国各级人民政府。社会救助法的公共治理应对国家权力的社会化，对该领域纵向府际关系的调整应当树立的理念是协同合作而非管制竞争。我国现行社会救助法制体系对纵向府际关系的调整呈现“事权与财力倒置”的趋势。这既造成行政权力错位，也给公共资源配置均等化带来挑战。建立合作型社会救助纵向府际关系需要明确各级政府具体职能，建立纵向府际协同机制，规范财政转移支付法定程序，这也是社会救助法实现公共治理的必经之路。

Research on the Legal Regulation of Social Assistance on the Vertical Intergovernmental Relations

The primary responsibility for supplying social assistance, which is a kind of national public goods, lies with China''s government at all levels. The idea of public governance behind the social assistance law for the socialization of state power and the adjustment of the vertical inter-government relations should be of collaborative and cooperative rather than regulative and competitive nature. Currently, the social assistance legal regulation on the vertical intergovernmental relations is an inverted pattern of powers and financial abilities, which not only causes the dislocation of the administrative power, but also poses a challenge to the equitability of public resource allocation. There are three steps to build cooperative vertical intergovernmental relations in the social assistance legislation. Firstly, we need to clarify the specific functions of the government at all levels. Secondly, we should set up a vertical coordination system. Thirdly, we should regulate the legal procedure of the financial transfer payment of social assistance. These are also the only ways to realize the public governance of social assistance law.