城市居民最低生活保障制度是我国非常重要的社会救助制度。《城市居民最低生活保障条例》定位于收入保障、民政工作,这与最低生活保障的实践和原理有出入。实践中,确保制度有序运行的基础和规则有待更新,体现在机构建设、最低生活标准调查、资讯公开与保护等方面;原理上,理论困惑与伦理责任兼有,如最低生活保障给付与其他社会救助项目给付的关系、最低生活保障制度低法治化与救济空洞等问题。社会救助立法以及该条例修订应明确最低生活保障制度为最后的安全阀,明确其在相关法律中的合理地位;推进低保调查与给付的专业性、法治化,低保权益救济与争议处理的司法化,把低保问题纳入法治的框架。 The minimum living guarantee system for urban residents is a very important social assistance system in our country. The Minimum Living Standard for Urban Residents is located in income security and civil affairs work, which is different from the practice and principle of minimum living security. In practice, the basis and rules for ensuring the orderly operation of the system need to be updated, which are reflected in the aspects of institution building, investigation of the minimum standard of living, disclosure and protection of information, etc. In principle, both theoretical confusion and ethical responsibility, such as minimum living allowance and other The relationship between the social assistance project payment and the minimum subsistence guarantee system are low in legalization and relief. The legislation on social assistance and the amendment to the ordinance should make it clear that the minimum living standard guarantee system is the ultimate safety valve and clarify its reasonable position in the relevant laws. It should also promote the professionalism, rule of law and the relief and dispute resolution for the subsistence allowances for investigation and payment Judicialization and Bringing the Issue of Minimum Security into the Framework of Rule of Law.