Research On The Legal Guarantee For The Rescue And Support Of The Destitute In China

Contemporary China defines the poorest people as no working ability,no sources of living and no legal support,no custody,no people to raise the obligation or the people who support,bring up,or foster are the old,the disabled and the teenagers who are not over 16 years old.As the most disadvantaged groups,which makes them face the dilemma that survival is threatened and basic rights are not guaranteed.Since ancient era,our country has a religious tradition that helps those have no kin and cannot support themselves,at the same time,we put this theory into practice.Now,our country spares no effort to help the most disadvantaged groups.In contemporary China,in order to protect the basic human rights of the poorest people and achieve their own development,in 2014,Interim Measures for social assistance was announced by the State Council,which unifies the urban and rural "Three persons" security system as the system of helping the poorest people.Measures symbolizes the legislation road of the salvation of the poorest people in our country,which means the national level of legal protection.However,due to the law must behind the practice,there are different problems in degree of the support system of the poorest people such as legislative,administrative and judicial issues.This article is to improve the legal protection of helping the poorest people in China,so as to protect the basic rights of the poorest people.The author first begins with the legal basis of the rescue of the poorest people,which analyses the contemporary legal basis of helping the poor people in China.Secondly,it introduces there are legal problems of the salvation of the Chinese poorest people.Then,it analyzes the existent problems of legal protection of the problem.Finally for its existent problems in the legal issues that makes some thinking.The whole text is divided into the following four parts:The first part discusses the legal basis of the salvation of the poorest people in contemporary Chinese.The root of the citizens' access to salvation is the protection of human rights,especially the need of the living right and the development right and superior to these are the freedom right and equal right.The protection of the human rights of citizens is inseparable from the fundamental affirmation of the law.Based on this,this part first analyzes the basic rights and attributes of the poor people from subsistence right,development right,freedom right and the equal rights,and then combs the legal protection of the relevant international human rights law.The state is the designer of the system and the main subject ofthe salvation.Therefore,this part also analyzes the salvation of the poorest people that is the country's mission of social justice,which discusses the country's special aid to the object of salvation.China always has a good tradition of helping the poorest people.Therefore,at the end of this part,we have sorted out the historical traditions of the special aid and the analysis of inheriting traditional culture in contemporary China.The second part introduces the legal system of the salvation service of the Chinese poorest people.The legal system for the salvation of the poorest is the organic unity of all the laws that regulates the supply of special aid.This part introduces the contents of the legal system from policy to law,central legislation to local legislation and basic support to special salvation.The third part analyzes the legal protection of the special aid of the poorest people in China.As the special aid system is still in the developing period,there is no doubt that there are inevitable problems of imperfect legal protection.In particular,there are still some problems such as lower legal rank,conflicting between central legislation and local legislation,lacking of specific system content,imperfect implementation,lacking of legal liability and incomplete salvation.The fourth part discusses the perfection of the legal protection of the special aid of the poorest people in China.The research system focuses on improving the system.This part is the ultimate goal of this paper.In view of the problems raised in the third part,the author writes passage from the legislative,administrative and judicial aspects.The author draws on the advantages at home and abroad to put forward the consideration of the improvement of the salvation of the poorest in China.