A Study On The Legal Regulation And Restriction Of Vocational Mendicancy Behavior

The phenomenon of beggary vocationization, which appears along with the promulgation and implementation of the Succor and Manage Rule of Urban Vagrants and Beggars on 1st August 2003, is a kind of stubborn social problem. That large numbers of vocational beggars flood into cities, which affect the life of city residents and disrupt public order, become the problem which city governors have to face. How to seek for a balance point between personal freedom and public order is a difficult problem which the related functional departments of government faced and solved imperatively. The author thinks that the embarrassment encountered in management of vocational mendicancy behavior is basically caused by the malposition, even the conflict during the transformation and adjustment of our national system of law.The system of this article is set up by four parts. First of all, the part theoretically analyzes the vocational mendicancy behavior in four aspects including the definition, characteristics, classifications, original background of vocational beggars. And then, The part mainly probes into the necessity of legal regulation and restriction of vocational mendicancy behavior. The ways of mendicant behavior of vocational beggars show diversification to obtain more "incomes" , and some ways of mendicant behavior violate the legitimate interests of other social members seriously. Thereby, the author thinks that the legal regulation and restriction of vocational mendicancy behavior satisfies the practical bases. In the mean time, the author, by differentiating and analyzing the relations between mendicant behavior and human rights, mendicant behavior and freedom, thinks that "mendicant right" is neither legal right nor moral right, so the raise of "mendicant right" is almost untenable. Begging is virtually a kind of freedom that individual choose the existence way. However, this kind of freedom is not the one placed in the unlimited infinite saturated situation, just only a kind of relative freedom. Therefore, the author thinks that when the ways of mendicant behavior of vocational beggars infringe upon public interests or others' legitimate interests, their mendicant freedom should be restricted reasonably, and the vocational mendicancy behavior could be regulated and restricted by laws. For this reason, legal regulation and restriction of vocational mendicancy behavior also possesses the theoretical foundation. After that, The part mainly discusses and analyzes the ways of legal regulation and restriction of our national vocational mendicancy behavior in force. The author thinks that, out of consideration to uphold the public order and personal legitimate interests the government should take related necessary measures to restrict the ways of mendicant behavior of vocational beggars by law. Finally, the part will mainly from the point of legislation and law enforcement, put forward the standpoints and suggestions that how legal regulation and restriction of vocational mendicancy behavior make systematical improvement and perfection in the period of social transformation.