Research On The Legal Problems Of Social Assistance In The Process Of Rural Anti-poverty

Poverty deters the progress of human beings especially in our country— the world’s most populous developing countries.The problem of Poverty becomes more serious in the process of efforts to the new rural construction and building a well-off society, and the problem of poverty in China is mainly reflected in rural areas.The 18 th National Congress of Communist Party and the third plenary session of the eighteenth pointed out that the integration development of urban and rural is the fundamental way to solve the issues of "agriculture, rural areas and farmers". It is necessary to balance urban and rural development, to arouse the vitality of rural development, and to safeguard farmers’ rights and interests. Then it can gradually narrow the gap between urban and rural areas, and promote urban and rural overall prosperity. As a result, rural development is not only the key of comprehensively deepen reform in the current, but also the backbone of promoting the integration development of urban and rural.Facing the poverty, Most of the scholars analyze and solve poverty from economic regulation and administrative management direction, but they seldom focus on the research from the angle of law. The thesis analyzes the research from the angle of law. In this paper, it is supported by perfecting the system and law of rural social assistance to study the rural anti-poverty problem in the perspective of social assistance. Based on the basic theories of social relief and rural anti-poverty, Mining point and interactive surface,this provide theoretical support for the rural anti-poverty in social assistance, and Combined the perfection of the legal system of social relief with rural anti-poverty,highlight the social relief for rural anti-poverty’s push relationship,so that provides a new perspective for the study of the new rural construction. According to empirical study in our country’s rural social assistance in anti-poverty of and comparative analysis at home and abroad,and enlightenment from typical features of the country, Social relief system in China must clear the position and role of the social relief in the social security system,guided by the proper concept of social assistance and take reasonable and effective system design. The article focus on the analysis of specific legal issues and system defects in rural anti-poverty in the legislation 、 the rescue program 、 incentive mechanism for examination and assessment of social assistance and the measures of the poor independence. As the subsystem of the social security, social assistance is aneffective means of anti-poverty in the rural areas, and it also can promote the reform of economic system and uphold human rights, it is the basic needs of realizing social justice and improving the social security system. It is necessary to define the guiding ideology of legal system of rural social assistance, to establish the basic principles of social relief in rural poverty,to reconstruct rural social assistance legal system and improve the social assistance system under the view of rural anti-poverty,to design safeguard measures of realizing the function for social assistance at the same time,including performing the central file deployment, steadily advancing rural development;planning scientifically ensuring open source of rescue "blood"; integrating resource allocation of rescue,excavating the potential market; strengthening development of the rural human resources and constructing community spiritual civilization;elaborating the functions of rescue management department,guiding non-governmental aid correctly and so on.The article is intended to provide useful Suggestions for solving the problem of the new rural construction and farmers,In order to promote the new rural construction and realize the dream to build a well-off society in an all-round way. In order to advance rural development, we must resolve this obstacle problems of rural poverty, so that can ensure farmers’ right to life and cultivate farmers’ right to development.