Study On Laws Of Anti-poverty For The Rural Area Of China

The issue of countryside - poverty has become the most important obstacle to preclude the deeply development of the socialist market economy system. The reasons are various, but the most important one is the institution including laws, mainly shown by the lack of market equal rights of peasants and un-equitable intervene into economy of public power.The legal philosophy of economic law to gear countryside poverty is neither the philosophy of traditional civil law, which acclaims equality and autonomy under the condition of full rights, nor the one of administrative law insisting on negative restraint of power, because of the intrinsic defects of these theories. Firstly, in fact, body of law is not abstractly equal body. Secondly, power is not only negativedevil. And new constitutional theory offer us a new mind------guarantee power.So the theme is eclectic to adopt the merits of the theories, and acclaims a new theory, gifted and restricted rights-power, to build stable theoretic foundation for legislation of anti-poverty and reform of concerned legal institution.It is clear that the irrational factors existing in legal institution is the fundamental cause of countryside poverty when analyze from the views of economic law. The main problem is the gap of peasant's rights and the unequal intervene of public power.And then to analyze the inefficiency of traditional means of anti-poverty, such as ignorance of the poor population's rights and unequal protection of rights, and the government's sole-action, the instability of policy, and lack of responsibility system and so on.So to remold the extant legal institution is necessary, which includes some suggestion on the clauses of concerning laws which are or should be on the way. Meanwhile, for building a long-term, stable action system of anti-poverty and getting a full awareness of the meaningful aims of anti-poverty, also for reinforcing the body's rights, obligation and responsibility, the anti-poverty law of state should be instituted. And the theme gives some concrete advices on the institution of anti-poverty.The theme makes every effort to use ideas and methods to analyze the realistic question and to seek the solution of the question under the condition of building socialist market-economy system and building a socialist legal and harmonious society. The countryside of china is an indispensable part to the mainstream society. To solve the question of anti-poverty is to clear the greatest obstacle preclude the development of market economy, also to provide prerequisite for the building the legal and harmonious society.