On Relief And Regulation Of Vagabonds And Beggars

Tramping and begging is an ancient and ever new topic. With rapid economic development in China, real beggars have been greatly reduced along since reform and opening, but the professional begging behavior for profit has not been contained at all. For this reason, the topic how to salvage vagabonds and beggars and regulate professional begging behavior is worth researching. This thesis will comprehensively study the relief and regulation of vagabonds and beggars from perspectives of Jurisprudential, Constitution, and Sociology of low, including a historical development of such a system, the constitutional basis and norms of establishing the relief system, and approaches to the combination of assistance and regulation, to provide references for improving our relief and management system of vagrants and beggars.The basic view of this paper is that vagabonds and beggars are far from the mainstream life; they want to obtain charity and gift by showing their sufferings and using narrative or performance which may be a hopeless choice; such a behavior, however, does not constitute a legal right, but involves those rights such as personal liberty, expression freedom, material aid, and so on, which should be protected by law. The issue of tramping and begging is generally considered from either relief or regulation at all times and in all countries. From a development perspective, the beggars relief and regulation system has undergone the process from "government regulation" to "social assistance" and demonstrated the social progress and improvement of human rights ever since the liberation.. The social aid system of this category has a deep ideological origin. The Marxist concept of human rights, the constitutionalism of human rights protection and the functional shift from police state to welfare state, promote the establishment of state responsibility for vagrants and beggars in social relife. And the constitutional protection of human dignity and specific provisions of civil material aid acquisition rights provide the normative basis in this aspect. Nowadays, our value of begging regulations is oriented towards the human rights protection of vagrants and beggars. As the begging behavior is very complex, necessary social control is in great need. The solution of vagrancy and begging is concerned with the balance of social control and individual freedom. To coordinate the conflict between social order and individual freedom, we should resort to the guiding principles of balancing interests, statutory rules and comprehensive consideration. The study shows that the implementation of our current beggars relief and management system is remarkable, but the professional begging problem is a vacuum in management. The author holds that the organic combination of relief and regulation is an effective approach to problem-solving of vagrancy and begging; on the basis of law and criterion of human right protection, we should make every effort to establish and improve the organic composite system with comprehensive features of beggars relife and regulation by getting survival aid, development rescue, multi-level aids and diversity management together.