| As a social phenomenon, mendicancy exists in the world generally. Under the interplay of the mendicant parasitism and the particular urbanity of city, a lot of beggars cluster together in city and bring a series of problems. How to resolve availably the concussion that mendicant brings to our urbanism? How to ensure the legal rights and interests of city's beggars adequately? These become social focus. Mendicant is a behavior that immolates the human dignity, it's a breach of goal that human society get ahead. So it is hard acquired by public"Mendicant righf"comes into existence difficultly from angles of human rights and right. Under existing circumstances, we can but look mendicant as a personal negatively freedom. The government may bring some limits to bear on the mendicant's freedom. However the beggar's colony exists in our society vividly, their legal rights and interests should be ensured as a citizen of china. The salvation right is an important constitutional right for them. Our government and society should pay attention to their existent surroundings and ensure their salvation right authentically by corresponding legal and institutional measures. Ensuring beggar's salvation right is the inwardness of constructing harmonious society.The article totally contains four chapters. In the first chapter, the author generalizes the actuality of native city mendicant, divides beggars into two groups according to their cadging aims, one is mendicant for survival the other isn't mendicant for survival. The author analyzes reasons why large numbers of beggars swarm into city from three aspects such as economy, social political system, ideology and culture and so on. In the second chapter, the author generalizes the legal character of mendicant action. The author considers that"Mendicant righf"comes into existence difficultly by differentiating and analyzing the connection between mendicant, human rights and right. Mendicant accords with the character of negatively freedom, it's a kind of personal negatively freedom in essence. However the absolute freedom is inexistent in the world, any freedom would be limited more or less. The third chapter mainly discuss the limitation to mendicant freedom. The author thinks that the government may adopt legal measures such as "the area of forbidding mendicant"to limit mendicancy and punish illegal behaviors occurred in the process of mendicancy. In this case, which right would be possessed by beggars who survive in abominable circumstance? In the four chapter, the author amplifies on the salvation right what is the most needed constitutional right for beggars, demonstrates the legal gist of salvation right, the main body in point and the grand meaning for beggars in detail, discourses upon how to ensure the salvation right taken by city beggars, points out advancements and shortcomings in the Succor and Manage Rule which is putting in practice, suggests that we should establish society-relieving system and bring up beggar's relieving ability by themselves and develop the folk beneficence actively to ensure the beggar's salvation right effectually.The author considers that solving all sorts of problems produced by city mendicancy effectively, making good work of salvation, ensuring the beggar's salvation right effectually, these are not only the test to our ministerial ability but also the key to guarantee the city beggar's survival and ensure social stabilization, Through this article, the author looks forward to clarify the popular misapprehend for correlative conceptions, awake public attention to city beggars, and wish to contribute to the construction of "people-oriented" harmonious society. |
