Legal Safeguards About Social Relief Rights Acquired By The Wanderers And Beggars In China

Beginning with the case that a little heart-diseased girl wandering and begging pass away just because of no money to cure, and another execution case undergoing by the author personlly that the petition of enforcement become a beggar for the reason of no enforcement, the article put forward a hypothesis topic if the wanderers and beggars could acquire the right of social relief.In the first part, basing on the analysis of the conception about social relief, the article clarify the system of social relief is a kind of interests distrbution procedure that distribute the social interests to the weakness.In the second part, through analysing the construction of rights, the article draw a conclusion that social relief aquired by the wanderers and beggars is not a statutory right but a deserved right of a natural person, then detailed prove that the legal principle basis about social relief on the wanderers and beggars lies in the principles of human dignity, justice and acquiring help, and finally conclude the system of social relief on the wanderers and beggars is justifiable.In the third part, on the base of having the legal principle, the article makes a multi-angle and multi-level discussion on the nature of rights of social relief, the subject of rights realization and the methods of rights realization.In the forth part, the article clarify the other relative systems and developing space about social relief safeguards on wanderers and beggars .In the fifth part, the article raise the legal suggestions about the present legislation of social relief on wanderers and beggars at last.