Research On The Legal Guarantee Of Targeted Poverty Alleviation In Ethnic Villages

In 2013,General Secretary Xi Jinping's concept of “precise poverty alleviation” opened a new stage in China's poverty alleviation.This is conducive to solving the problem of China's precise poverty alleviation,such as: administrative center operation,one-way financial transfer payment and flood irrigation.The 19 th National Congress of the Communist Party of China(CPC)proposed that the main contradictions in our society have been transformed into contradictions between the people's growing needs for a better life and the development of inadequate imbalances.Undoubtedly,precise poverty alleviation has the function of eliminating absolute poverty and further alleviating the main contradictions in our society.In March 2019,The government work report of the NPC and CPPCC showed that China's poverty reduction performance has been outstanding in recent years.From 2012 to 2018,China has reduced poverty by more than 80 million people,with an average annual reduction of more than 13 million.This laid the foundation for China to achieve the goal of building a well-off society in an all-round way in 2020.Ethnic villages have become an important research object for precision poverty alleviation due to the poor geographical environment,inadequate system supply,shortage of human resources,weak infrastructure,backward ideas,high incidence of poverty and concentrated poverty.In August 2018,the Hunan Provincial Government officially announced that Shimen County's poverty alleviation and capping has become a national poverty alleviation model county.In addition to the Han nationality,Shimen County also includes 26 ethnic minorities including Tujia,Bai,Hui,Miao and Dong.At the same time,the total population of Shimen County is 679,000 and the total population of ethnic minorities is 387,000.However,Shimen County is the same as most ethnic minorities in the county,and has not been recognized as a national county within the scope of national policies.In addition,the relevant ethnic villages in Shimen County have not enjoyed the preferential policies of the ethnic townships,making the Shimen County ethnic minority The rights and interests of the group cannot be fully taken care of by the current national preferential policies.Therefore,it is of certain research value to use the relevant ethnic villages in Shimen County as an empirical research object in the study of precise poverty alleviation.This paper focuses on the prevention and control of the rule of law in ethnic and rural areas in Shimen County,Hunan Province,and conducts empirical research on the theoretical basis,reality,problem analysis and countermeasure path.The first part is based on the theory of national equality,the theory of freedom from poverty and the theory of legal incentives.Taking the legal incentive theory as an example,the article uses legal text incentives,model incentives,positive incentives,and negative incentives to promote the rule of law for the precise poverty alleviation of ethnic and rural areas.The second part sorts out the reality of the precise regulation of poverty alleviation in China's ethnic and rural areas,including the outline of precise poverty alleviation,the basis of national rural poverty alleviation policy,the legal basis of poverty alleviation in ethnic and rural areas,and the rule of law guarantee system for precise poverty alleviation in Shimen County.On the basis of the five major systems of the rule of law at the fourth plenary session of the 18 th CPC central committee,Shimen County has formed five major systems for ensuring the rule of law for poverty alleviation,including the poverty alleviation norm system,the poverty alleviation implementation system,the poverty alleviation supervision system,the poverty alleviation guarantee system and the poverty alleviation party building system.The third part explores the legal guarantee of targeted poverty alleviation in ethnic villages from three aspects.First,the rule of law on the protection of rights in poverty alleviation is insufficient.This includes: the lag of the legislation on poverty alleviation in ethnic groups,the backwardness of the rights of the people in ethnic villages,and the lack of legal efficiency.Second,the rule of law in the process of precision poverty alleviation is lacking.This includes the subjectiveness of accurate identification,the incentive deviation of accurate exit,and the poor performance of accurate assessment.Third,the rule of law on power regulation in poverty alleviation is weak.This includes the lack of legal supervision of precision poverty alleviation,insufficient supervision of funds for precise poverty alleviation,and inadequate governance of party members for precise poverty alleviation.The fourth part is based on the above problems,and forms the countermeasure path of the national villages' precise poverty alleviation rule of law protection from three directions.First,attach importance to the rule of law protection of the right to precise poverty alleviation,including improving the legislative system for precise poverty alleviation,strengthening the protection of the rights of poor groups,and enhancing the poverty alleviation benefits of legal assistance.For example,by applying for geographical indications,the benefits of poverty alleviation and development of ethnic and rural resources will be enhanced.Second,strengthen the rule of law for precise poverty alleviation procedures,including improving the strict enforcement of accurate identification,improving the legal incentive effect of accurate exit,and consolidating the effectiveness of the rule of law for accurate assessment.For example,to protect the poor,the “right to understand,apply,comment,obtain notice and procedural rights such as statements and defenses”.Third,to improve the rule of law supervision of precise poverty alleviation power,which includes strengthening the legal supervision of precision poverty alleviation,standardizing the process of poverty alleviation funds,and controlling and promoting the basic governance of precision poverty alleviation.For example,by strengthening the professionalism,extensiveness and independence of the villager supervision committee,the effectiveness of poverty alleviation in ethnic and rural areas can be guaranteed.