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Study On The Protection Of The Reservoir Immigrants’ Subsistence Rights

Posted on:2020-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:N N YangFull Text:PDF
GTID:2416330572988850Subject:Legal theory
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With the vigorous development of water conservancy projects,water conservancy plays an increasingly important role in social life.However,the immigration problem brought by the construction of water conservancy projects has become increasingly prominent,which hinders the process of building a well-off society in an all-round way.Reservoir immigrants give up their own interests and rights for the needs of public interests,while the state and society do not pay enough attention to the problem of reservoir immigration,making them gradually become vulnerable groups in society.In particular,some scholars and the general public believe that the policy inclination and special protection for reservoir immigrants is a kind of charity.They do not realize the sacrifice made by reservoir immigrants for the public,and overemphasize the minority obeying the majority.Under the background of building a harmonious socialist society,how to make reservoir immigrants share the benefits of reservoir construction and ensure their dignified subsistence right is a problem that the party and the country must solve.This paper discusses the reservoir immigrants’ subsistence rights from three aspects:the subject,content and protection.According to the status quo of reservoir immigrants’ survival and security,a targeted solution is proposed from the perspective of the subject of obligation.The context of this article is as follows:First of all,through the actual investigation results and literature analysis in the Panjiakou Reservoir,the difficult living conditions faced by the reservoir immigrants are condensed.It is difficult to find that reservoir immigrants can recover or exceed their original living standards,and it is difficult to achieve sustainable development of livelihoods.At the same time,China’s current legal system still has great defects in the protection of reservoir immigrants’ subsistence rights,and cannot effectively protect their subsistence rights.Therefore,in order to realize social justice,protect human rights,build a socialist harmonious society,and share the fruits of economic development,we must explore the path to guarantee the subsistence rights of reservoir immigrants.Secondly,the study of the protection path of reservoir immigrants’ subsistence rights must clarify the main body and content of reservoir immigrants’ subsistence rights.It is clear that the survival risks faced by the outsiders resettlement immigrants,near resettlement immigrants,and returning immigrants are beneficial to exploring the path to guarantee their right to subsistence.The determination of the government,the public,and the volunteers of the direct beneficiary groups is conducive to a clear division of labor and guarantees the realization of the subsistence rights of reservoir immigrants.According to the scope of the right to subsistence rights,the original rights,related rights and relief rights of the reservoir immigrants’right to exist are defined,which is conducive to defining the connotation of the right to subsistence and enriching the theory of subsistence rights.Thirdly,from the perspective of the subject of obligation for the reservoir immigrants’ right to subsistence,the author explores the path of guaranteeing the subsistence rights of the reservoir immigrants and frees them from the difficult living conditions.Based on the government’s responsibility,adhere to the people-oriented concept,improve the reservoir immigrants’ subsistence rights,such as improving the compensation system,interest appeal mechanism,and social security system;based on the direct beneficiary group responsibility,establish a counterpart based on capital,industry,employment,and talent support,support mechanism;Based on social responsibility,establish a social assistance mechanism centered on social care.Finally,the conclusion of this paper summarizes the whole paper and concludes that the right to life is a legal right that reservoir immigrants should enjoy,and it is not a "favor" to reservoir immigrants.The best way to guarantee the reservoir immigrants’ subsistence rights is to ensure that they can share benefits of reservoir projects through system improvement.The study on the small reservoir immigrants’subsistence rights not only enriches the theory of survival rights,but also helps to realize social equity and justice and build a harmonious socialist society.
Keywords/Search Tags:reservoir migration, vulnerable groups, subsistence right, security path
PDF Full Text Request
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