Jurisprudential Analysis On Social Relief System Of Urban Vagabonts And Beggars

The phenomenon of vagabonds and beggars has been in existence for thousands of years, and governments have been constantly looking for solutions of the problems in past dynasties. In modern society, people find that establishing a better social security and social aid system is a key to properly solve the problem of vagrancy and begging. The establishment and improvement of these systems shall not only be adapted to the social economy, but also influenced by the developing concept of human rights. Traditional social relief measures are designed to improve the management of vagabonds and beggars and maintain the stability of social order. Relief acts from the government to vagabonds and beggars are therefore regarded as a behavior in the charity. While today, respect and safeguard of human rights have been popularly accepted by the majority of countries. The respects and safeguards are highly emphasized in the Constitution of our country. This shows that the protection of the basic right of vagabonds and beggars is the obligatory duty of the government. Relief acts are the obligation of the government to vagabonds and beggars. This changing of concept leads to the changing of system. China experienced a system evolvement from "accommodate and deport" to the "social assistance". The enact of Regulations of Management of Relief to the Urban Vagabonds and Beggars Without Life Security symbolize that China has began the establishment of a new social aid system. This paper is divided into four parts to study the topic of the system of social relief to urban vagabonds and beggars,with a total of around 35,000 words.The first part mainly summaries of theoretical study of urban vagabonds and beggars in the social relief system, and introduces evolvement of the system, the principle of universality brought out by James ? M ?,Buchanan the theory of justice by Rawls's, and the theory of public choice. This part plays as a role of theory matting for the following text.The second part reviews the development of the system of social relief to urban vagabonds and beggars. In this section, the development of the system of social relief to urban vagabonds and beggars is divided into two stages: from the establishment of our PRC government to the 1980s: accommodate and deport; from the 1980s to the present: from the accommodate and deport to social relief. In this part we research and analysis the stage of the development from the custody and repatriation to Social Relief.In Part III, analyzing the current problems in the development of the system of social relief to urban vagabonds and beggars in China, especially on the analysis of new phenomenon and new problems of the urban vagabonds and beggars in modern city with Shanghai as a sample. In this part the problems in the development of Social Relief System in our country are pointed out, which includes incomplete social security system, lacking of systemization of the above-said Regulations. Diversity of acts of begging prohibition by various areas causes the difficulty in execution of law.Part IV is the focus of this paper. Based on the previous text, the countermeasures and suggestions on improving of the system of social relief to urban vagabonds and beggars are put forward. Introduction and summary of the experience in the system building of the management and relief of vagabonds and beggars are discussed in the beginning of this part. Combined with the national conditions of China, five suggestions on the improvement of social aid system for urban vagabonds and beggars are figured out. Those suggestions contribute to the constructing of a sound social security system; improving the legislation and supplementary measures differentiated treatment to Vagabonds and Beggars to provide classified relieves; strengthening cooperation and coordinate among government departments in relief and management; exploiting of social resources, and developing of relieve by social organizations.