The Freedom Of Begging And Social Order In The Law Perspective

The freedom and the order are the eternal subjects of human history. Since the reform and open policy has been implemented in our country, along with each reform unceasingly thorough, people's living standard enhance day by day, but quite part of people still have to live below the low-income level. Because of the unbalanced economic development and the imperfect social welfare system, partial people can not but step onto the path which roams about begging. Acknowledging the freedom of begging and allowing these parts of people maintain their survival through begging is the manifestation of the social equity. However, along with the begging army of the big city inflates day-by-day, particularly in the day which begging moves toward professionalism, begging has the trend of performing, aggressive and gangs, which poses certain threat to the social order. When the freedom of begging is not to be able to tolerate by a rational society, the legal regulations are necessary. Therefore, it is an important question which the urban government faces that how to norm and control begging behavior through the law, in order to realize the equilibrium of individual freedom and social public peace and order, which is also the key point this article needs to discuss.This article totally has five parts. In the first part, the author generalizes the connotation of the begging behavior. Begging and roaming about as if a pair of twin brothers which in the legislation often regulates the two in the same place. In the real life, the vagrants often beg from door to door and the beggars often go to another region to beg. Therefore, the discussion objects of this article are not only roaming about but also begging. Because the behavior is the free choice of the human beings which stems from the innermost feelings, the begging behavior which this article discusses should remove those behaviors that is abduct and forced.In the second part, the author outlines the historical development and the present situation of begging behaviors in our country. From the initial dependence on begging to survive of oneself to take it as an occupation today, the methods of begging renovates unceasingly, malignant begging poses serious influence on social order, even presents the phenomenon of"the beggar township"in some county of Gansu Province where the entire town sends out to arrive at the city to"pan for gold". The author analyzes reasons why the begging phenomenon exists from several aspects such as history, society, culture, legal policy, family, and human nature.In the third part, the author introduces the historical evolution of the Western countries how to regulate the begging behaviors. Summarizing the main contents of the Western countries'law which to limit begging behaviors, and introducing the historical evolution of UK and US emphasis how to regulate the beggars as well as begging behaviors.In the fourth part, the author discusses the legal nature of begging behavior. It is difficult to take begging as law right based on the analysis from the definition and structure of right. Begging much more conforms to the characteristics of human freedom, and this kind of freedom is not the one which is not restrained, but is the rational freedom which is restrained from certain social regulations.In the fifth part, the author described the legal localization which balances the freedom of begging and the social order. The realization of freedom cannot leave the social order, but the formation of order relies on certain social rule, this kind of rules manifested in the modern society is the law. The law on the one hand is the safeguard of individual freedom, and on the other hand, it should limit this freedom under the certain conditions. Then, where is the validity the law to limit begging behaviors? How to grasp the degree of limitation? In order to solve the value conflicts between the freedom of individual and the social public order, what regulation patterns should we adopt? This is the core question which this article needs to discuss.Begging is a question which has social roots and the legal effect has its own limitation. When the government using the law to carry on the rules and regulations, it should also to devote in solves the problem from the root. On the one hand, it must develop economic with great strength, establish the perfect social security system vigorously, let all people of this country to share achievements of the reform and the social development; On the other hand, it must strengthen the construction of socialism core value system, eagerly anticipate the social morality with the socialism outlook for honor and dishonor, guide and educate these people who depends on begging seeking money to set up the idea that take the hard work as the honor, take loves leisure and hating work as the shame .