Research On The Institutionalization Of The Peasants' Right Of Minimum Living Standard Security

As the core of the Survival Rights, the Peasants'Right of Minimum Living Standard Security (PRMLSS) is modernization from the historical evolution of the dialectical interaction with the Survival Rights. The justification of Survival Rights originals from PRMLSS, and the justification of PRMLSS exist within the framework and is the value dependence of the Survival Rights. From the view of the philosophy of right, the security mechanism of Survival Rights has experienced moral rights, negative rights, positive rights and institutional rights, with the result that its legal effect and institutional reliability have been strengthened gradually, and this is the rule. On the other hand, PRMLSS relies on the state who takes the State Responsibility of Social Assistance (SRSA), which thus constitutes another internal logic thread of PRMLSS.General speaking, state responsibility is stressed and right consciousness is neglected in China, while the situation is opposite in the west and shows different landscapes in the development of survival safeguard mechanism. Because of different historical motivation, the growing right consciousness and the legalization of SRSA gradually achieve convergence, which has been proved by history in China and the United Kingdom the birthplace of Poor Law. When the two main lines realized integration, PRMLSS truly gained its life in law, and together with the awakening of the humanism, both constitute the criteria for judging modernity.The PRMLSS is a right that citizens can request the state for material aids when they fall into poverty according to certain standards and procedures. As to its constituent elements, the PRMLSS has a different structure from traditional rights. All citizens have this right. Universally and fundamentally nature; a state must undertake this obligation legally and uniquely; Poverty status is the eligible element, regardless of citizens'differences and social status, that is, citizens in its abstract meaning is the potential subject while citizens in poverty are substantive subjects; Requirement is the element of the fact which the poor who are unable to meet requirement for survival is satisfies the essentials. To sum up, citizenship, poverty and requirement constitute the essential elements of PRMLSS.With social rights as its main form and personal rights and property rights as its relative characteristics PRMLSS in personal dimension takes PRMLSS as its object, the relationship between rights and obligations is underactive and the realization of right is selective. In its contents, it is a collection of a series of substantive rights and procedural rights and accordingly regulates the obligations of the state, not limited to the right to apply for material aid.At the same time, it is the requirement for the state to act positively that makes PRMLSS suffer strong criticism However, the right has its own legitimacy, which can be justified from moral logic, or justice, or freedom logic.A big unexpective but unavoidable gap between rights on paper and varied society, there are difficulties and challenges between theory and practice. In the background of present China, peasants have their own characteristics in the ideology and action logic. At the same time, as the principal agents of the subject of obligations in the countryside, village and township governments themselves face the challenge of transformation itself, and make the Minimum Living Standard Security System a resource ad measurement tool in the pattern of three countryside relations, which in turn affect the flow of resources and enjoyment of the right. As mandatory institutional arrangements of the state for the countryside, the Rural Minimum Living Standard Security System(RMLSSS) is also faced coordination with the Poverty Alleviation Policy, the former focusing on "transfusion", while the latter focusing on "hematopoietic", Similarities and differences between the subjects and the theme also practically affect the realization of the right. If these factors are ignored the process of institutionalization of PRMLSS, the system will not achieve its expectations.As a positive right, the effective realization of PRMLSS dependents on institutionalization. The institution above mentioned mainly refers to public, authorities and legitimate specifications, in the form of legal text and policies and other normative documents.Thus, institutionalization of the right contains two aspects, legal empowerment and institutional guarantee. The former is a conversion from the statutory rights to legal rights; the latter is from legal rights or statutory rights to actual rights. The reason why the right can be institutionalized is that concepts of survival rights are revealed, value concepts as an instrument of social control change and certain events are triggered, especially the expected costs and expected benefits measured by the state. This thinking mode consists in the whole process of institutional change. The pivotal point of institutionalization is to debag the relationship between peasants and country. The principles are whether citizens are empowered to request the Minimum Living Standard Security System(MLSSS), and whether the request can be accepted by the country. If the country refused, the question is whether it constitute legal offense of inaction,and whether the country provides Legal remedies. In essence, the institutionalization of PRMLSS is to set a series of obligations for the country, including system supplying,organization and guidance, fiscal responsibility and oversight.PRMLSS as the static embodiment of institutional dynamic process, should and may be accessed through a number of specific indicators and thus entering farther institutionalized circulation.Due to the differences of national conditions and academic contexts, MLS-SS has not corresponding vocabulary in foreign regions, but there are social as-sistance systems similar in essential sense. In short, legislation is the first prer-equisite and survival idea is the key concept; to help guide their self-reliance is orientation; to strengthen the responsibility of the relief object is the trend; and household survey is difficult point; life protection is the main content; clas-sification of implementation and comprehensive assistance are common practice-s. In the context of the real world, institutionalization of PRMLSS present"diff-erence","disequilibrium"and"non-standard".The difference exists in the inequality between urban and rural are in the process of institutionalization, security targ-et coverage, the level of protection, and public financial Investment. Disequilib-rium means imbalance in local legislation of RMLSSS, especially in sources o-f law and the construction of substantial system. Non-standard means that RM-LSSS lacks standardized elements, the most obvious one of conceptual, regulat-ory and institutional levels. These three states are successors to which include previous system and the basement and conditions for further development in d -epth of institutionalization of the rights.The goal of PRMLSS'institutionalization is to establish a mature legal security system. The formulation of legal text must stick to advanced concepts, follow reasonable legal principles and take scientific legislation mode and correct system as guidance. On the main line of its system, the right shall be its inherent soul, so that legal texts are filled with the idea of right. It is through PRMLSS'institutionalization that the key points of system can be controlled, including minimum living standard recognition mechanism, minimum living standard confirmation and adjustment mechanism, working mechanism, financial mechanisms and legal responsibilities setting. Finally, the legal texts of RMLSS can be scientific, standardized and modernized state both in form and content.