A Study On Self-employment Right To Survive

Our country is in the transition period from a traditional agricultural society to a modern industrial society. This transformation involves some aspects of economy, culture, social life and produces far-reaching effects. In the transition period of highlighting the social contradictions, special concern should be given to members of disadvantaged groups, and the violation of self-employment right to survive is one of the performances of poor protection to vulnerable groups. With the accelerated process of urbanization, there are thousands of people who are unemployed or landless in the urban and rural areas. Due to various subjective and objective conditions, it is difficult for them to access areas of formal employment, self-employment is the only way for they to make a living. The self-employed are making a living by self-reliance, which can effectively alleviate the pressure on urban employment and promote the social stability. But some government departments take block-mainly policy based on the external diseconomies of self-employment and put a blanket ban on living space of these low-end self-employed. Such a management style makes the conflict between government administration and self-employed escalate, the violence last permanently. This study is in response to the needs of practice, proving legitimacy to the self-employed right to earn a living, trying to find a way to resolve this conflict through the study of self-employment rights to survive, protecting the vulnerable groups who are engaged in self-employment.This paper is comprised of three large compositions, they are the introduction, the body and conclusion .Among them, the body consists of four parts, also is the core of the paper.Introduction section briefly discusses the significance of this study, concludes the existing studies, and defines the self-employment right to survive and related concepts, briefly describes the object study of this article.The first part is about the legal arguments of the self-employment right to survive, explain the question that the self-employment right to survive should or not to be legally recognized. This section summarizes the views about support or oppose the self-employment right to survive in terms of theory, analyzes the legal basis of the self-employment right to survive, and thus proves the legitimacy of this right.The second part is about defining the nature of the self-employment right to survive and getting a clear answer of the adscription on the nature of the self-employment right to survive. the nature of self-employment right to survive is deeply studied on three levels of jurisprudence, constitutional law and the department law, continuously deepened, and clear the attribution of the self-employment right to survive from the comparison of social rights, right to subsistence, economic-law and the other rights, to further the understanding of self-employment right to survive.The third part analyzed the limits of the self-employment right to survive, enrich the content of self-employment right to survive otherwise. Firstly, from the value-trade-off and interest-conflict view, the paper discusses the necessity of limiting the self-employment right to survive. Then elaborated on the restricted principle of self-employment right to survive, and outlines the concrete content of restriction on self-employment right to survive.The fourth part is about the realization of the self-employment right to survive. This part consists of two layers which are the general thinking and the specific system of realization. First of all, it determines the path of general idea of realization from the right-confirm, the changes in the views of government intervention and the safeguard mechanisms. Second, under the guidance of the general idea, put forward the specific system from the rights protection system and the rights of the government relief mechanism.