On The Establishment Of The Right To Rescue The Poor In China

In order to alleviate and to deal with the social problems for poor, the Chinese government established a social assistance system based material aid. The Social Assistance objects into three categories of the population. The first category is the community about "three noes" personnel, which is Helpless, No source of income, No dependents; the second category is due to natural disasters or social disasters into the plight, they need temporary assistance state and society sources that cannot reach the minimum standards of the state and society; the third object is Poverty, that there is a certain source of income, but less than the minimum standards of the community members of the state and society. Compared with Western countries aid system, in China, the assistance system for the protection of rights and interests of third class population has obvious defects. To reinforce the study about the right of Poverty assistance has important theoretical and practical significance.In this paper, by means of the use of literature, comparative analysis, empirical research analysis, through the existing literature on poverty assistance analysis, combined and Analysis of existing legislation and institutional aid operating results and shortcomings, the author proposes the necessity and feasibility of establishing the right of poverty assistance.In this paper, with "On the Establishment of the Right to Poverty Assistance in China" in the title, in addition to the introduction and conclusion, the text is divided into four chapters. Its logical structure and concise discussed below.Chapter one is an overview of the Poverty assistance right. The first section defines poverty and poverty assistance right. The second section describes and lists the status quo of China's aid system and the status of implementation of the legislation on poverty assistance.The second chapter analyzes the necessity of establishing the right to poverty assistance. First, from a legal point of view, the author discusses the relationship between moral rights and legal rights. It shows that poverty assistance rights concerns a poor survival, dignity and development. And the author set forth the need to establish the right of poor assistance from the constitutional point of view. The second part analyzes the existing aid system's defects on poverty assistance and proposes a point that to establish a new right of the poverty in order to better protect the poverty. From view of poverty own and social, the third and fourth parts analyze the necessity to establish a right to poverty assistance,From the perspective of the theoretical and practical feasibility, in the third chapter, the author discusses the necessity to establish the right of poverty assistance again. The fourth chapter describes the internal structure of the poverty assistance right. And it analyses the subject, object and content on the right. The original content has been enriched and expanded on social assistance for poor assistance.The protection to the rights of the poverty is the guidelines of our traditional moral virtues. It is extremely important significance, for the establishment of China's social assistance system and improvement, to establish the right of poverty assistance. In the framework of the current aid system is difficult to achieve the protection of all rights and interests of poor people because of the huge base of the poor. Therefore, this article, through research and analysis, proposes to rescue the poor established as a right, hoping to provide a theoretical reference for legislative reform of the social assistance system, providing new ideas to protect the interests of the Poverty.