The Report Of Urban Begging Research Present Situation And The Legal Regulation

Urban begging, as a social problem, has a long history. There are many academic research on this question. Since the disintegration of primitive commune, due to the gap between the rich and the poor and private ownership, people who are sick or elderly, without family and social assistance, only can survive by begging, This is the first beggar, embodying the virtues of mutual aid. However, With the development of the society, people living standard have rised, begging people continue growing because of their laziness. The professional beggars, who intend to win the sympathy of others, beg for money in a variety of ways, even cheating the disabled and children in illegal ways. The phenomenon, which obviously go against the "help" in nature, which directly affect people’s healthy life and hinder the coordinated development of the society. People gradually have a new understanding for the beggars by society and media. In addition to compassion and pity, they hate and are fed up, with the beggars. In their views, begging is no longer based on poverty, but a shameless behavior that make money by taking advantage of others’ compassion for the poor. Therefore, a series of social problems come out, such as beating the beggars and sneering at the elderly beggars whose income in above the average. So we need to deeply explore this social problem.Through the research, we found that: Although there are a plenty of deceptive begging behavior, however the vast majority of the people are begging due to the poverty. Their income is not high, even hard to maintain adequate food and clothing. The phenomenon reported by the news media that people becomes rich by begging is few, and in the begging organization, all incomes belong to the organizers, not to the beggars. As the cheating begging behavior grows rampant, The helps appear weak sympathy and do not want to impose a helping hand. However, it’s not relieve the city begging but foster the beggars and the begging organization to develop the new ways constantly, these make the urban begging to be a vicious cycle.Begging problem as a social problem will not be ignored by legislators, our government aid and management the beggars from different ways: punish the malicious behavior and help the beggars to have a new life. we believe that we can build a harmonious society in this way,. However, its actual effect is not good."Measures for the Administration of Relief for Vagrants and Beggars without Assured Living Sources in Cities " replaced "Urban Vagrants and Beggars way Custody and Repatriation " to be a part of the social assistance system, the first purpose is to rescue vagrants and beggars, and maintain social order. "Rescue management approach" contains a total of 18 pieces of contents, including the principles of urban life, the job of relief stations and the duty of rescue personnel, but the rule is empty. "The rule for the implementation" contains 24 contents, which is more detail than "aid management approach", including rescue object refinement, different types of aid vagrants and beggars for different characteristics, rescue methods, duration of relief, rescue shelter management, responsibility for violations of the rescue shelter staff, all of that have investigated a more detailed provisions. However rescue station is a big empty, comparing with the temporary help, beggars like begging better, because they will have a free life and high returns.From the "Public Security Administration Punishments Law of the People’s Republic of China",the article 41st: coercion, deception or use them begging, punish for 10 days to 15 days in detention, and may impose a fine of one thousand RMB. Pesters, forced to beg or in any other way of begging nuisance, 5 days detention or warning. From the provisions, we know that this law is only use on punish coercion, deception or make use of others to beg, someone force others to beg or other ways to make them trouble. So, this law is not a total ban on begging. Its light punishment for illegal begging behavior is not legally deterrent, urban governance issues begging insignificant.However, there have a range of serious social harm crimes that "Security Administration Punishment Law" is not enough to punish, so the "Criminal Law" use the 262 th article: organizations for the crime of begging for the disabled or children. The criminal charges exists a lot of controversy on the object, criminal methods, they need to be modified to better safeguard the interests of minors, the disabled, the elderly, and punish acts of vicious begging.How to improve the status quo of begging? This paper argues that this is a market issue and should be regulated by the market. it may be decided by the mercy, combining with the government prevention measures. On the one hand, we need to guide the benefactor to have a meritorious attitude towards beggars, carry forward the spirit of mutual assistance, encourage community organizations to provide work opportunities for beggars. At the same time, we must have a severe attitude on the malicious begging, fraud and organization begging behavior, increasing publicity and education, helping them to foster social values of national wealth through hard work. After that, we can gradually improve the urban begging problem.