Legislative Thinking About The Social Assistance Of Vagrant And Beggars In China

The emergence of " Sun Zhigang Incident " causes the abolition of "The Detention and Repatriation Methods of Vagrants and Beggars in Urban " directly, and impels the issue of "The Management of Succour to the Vagrants and Beggars in Urban " .It enables the problem of the living condition and interests of vagrants and beggars to be noted by the whole society. And just not long after the "The Management of Succour to the Vagrants and Beggars in Urban " put in force, a lot of large cities make regional regulation which forbids begging one after another. And the issue of "Begging Prohibition"makes the vagrants and beggars management and the social assistance to be the focus in the society. The phenomenon of roaming and begging has already existed for thousands of years. The government of various countries has been looking for the good method which can solve this difficult problem constantly at all times and in all lands. When it comes to the present society, people find that we should set up a complete set of Social security and social assistance system, if we want to solve the problem of roaming and begging properly. The setting-up and completion of these systems are not only needed to suit with the social economic development, but also influenced by the development of the conception of human rights. The purpose of the traditional social assistance measure is to strengthen the management to vagrants and beggars, and to safeguard the stability of civil order. The succour behavior is the alms which government gave to the vagrants and beggars. And in current society, respecting and ensuring human rights has been recognized by most countries. Our country stipulates clearly in the constitution that the country respects and ensures human rights. It indicates that it is the government's duty-bound to ensure the fundamental rights of the vagrants and beggars, and the succour behavior is the obligation which the government dues to the vagrants and beggars. The transition of the conception must cause the change of the system. Our country also has experienced the system changes from "detention and repatriation"to "social assistance". With the issue of "The Management of Succour to the Vagrants and Beggars in Urban", it indicates our country begins to set up a new social assistance system. "Sun Zhigang Incident"in foreword of the thesis is the direct reason for the issue of "The Management of Succor to the Vagrants and Beggars in Urban". There are many defects in the traditional social assistance system in our country. In today's fierce changes of economy and society, quite a few of people among vagrants and beggars in China can not get the succor, and it has great hindrance to the whole society and obvious negative influence to the steady of civil order. So, we should improve the vagrants and beggars management and social assistance system constantly, and step up doing relevant legislation work. The essay is divided into five parts, and it researches the following parts :the current condition of the vagrants and beggars management and the social assistance in China; the developing history of the vagrants and beggars management and the social assistance measures in China; the regional "Begging Prohibition"trouble and its legitimacy introspection; the experience of the vafrants and beggars management and the social assistance system in main western countries; the perfect of the vagrants and beggars management and the social assistance system in China. In the first part, from analyzing the clauses of "The Detention andRepatriation Methods of Vagrants and Beggars in Urban " and "The Management of Succour to the Vagrants and Beggars in Urban ", it analyses and summarizes the discrepancy of the new or old legislation on the legislative concept and the discrepancy of the new or old legislation on the system design frame. The legislative concept of the new legislation is on the basis of respecting and protecting human rights, and its design frame emphasizes that social assistance is government's duty . In the second part, it analyzes the developing history of the vagrants and beggars management and the social assistance measures in China, and summarizes the beneficial experience from it. The author analyzes the vagrants and beggars management and social assistance measure along the vertical train of history in China until the issue of "Begging Prohibition". In the third part, it analyzes the background of issuing the regional "Begging Prohibition"in our country and the troubles it met when it implemented, and also introspects its legitimacy. And from these , it can be concluded that the regional "Begging Prohibition"not only violates the constitution and relevant laws , but also deviates from the basic spirit of the human rights of the modern legal protection. In the forth part, it analyzes the progressive history of social assistance system in main western countries, analyzes and summarizes the experience of the vagrants and beggars management and the social assistance system in main western countries. Compare with the experience of the international social assistance, and in today's transition towards market economy and the fierce social changes by it, we should set up a general social assistance system (the minimum living security system.) for ensuring the fundamental rights of the...