Research On The Legal Mechanism Of Rural Poverty Prevention From The Perspective Of Right Poverty

At the end of 2020,my country completed the goal of poverty alleviation as scheduled and eliminated absolute poverty,but this does not mean the end of my country’s poverty problem,but precisely the beginning of my country’s poverty governance entering the deep water area.What is in front of us is the problem of people who have been lifted out of poverty and the return of marginalized people to poverty.On May 14,2021,the Central Rural Leading Group issued the "Guiding Opinions on Improving the Dynamic Monitoring and Assistance Mechanisms to Prevent Return to Poverty"(hereinafter referred to as the "Opinions").The "Opinions" clearly pointed out that there are still some poverty alleviation households developing The foundation is very weak,and it is very easy to return to poverty under the impact of various risk factors,and some marginal households are also at risk of becoming impoverished.On this basis,the "Opinions" proposes to improve the dynamic monitoring and assistance mechanism to prevent returning to poverty.By sorting out the existing anti-poverty policies and laws in my country,it is not difficult to find that: 1.my country’s anti-poverty policies and laws lack the dynamic and developmental concept of cognition of poverty and return to poverty;2.my country’s anti-poverty policies and laws have obvious The statist tendencies of the state,attach importance to top-down government leadership and resource input,and despise the protection of rights and capacity-building for poor individuals.The "Opinions" are still the product of this tendency.In the short term,a large amount of resource investment can indeed prevent the occurrence of poverty,but farmers’ return to poverty is largely caused by the lack of basic capabilities caused by the lack of farmers’ rights.Just as India Economist Amartya Sen believes: "Based on the relationship between poverty and rights,the fundamental cause of economic poverty in the era of prosperity lies in the lack of rights." In the long run,my country’s goal is to eliminate polarization and ultimately achieve common prosperity.Existing policies and legislation can only cure the symptoms but not the root causes,and cannot eliminate the phenomenon of returning to poverty from the root cause.In the era of material scarcity,poverty manifested as lack of food and clothing;in the era of material abundance,poverty manifested as inequality between subjects.After China has been completely lifted out of poverty,poverty governance has moved from solving the problem of food and clothing to eliminating inequality.Changing this inequality at its root requires penetrating the "fog" of material deprivation and incapacity.Starting from the perspective of rights poverty,this paper clearly points out that the root cause of the phenomenon of rural poverty in my country lies in the poverty of rights.To solve the phenomenon of return to poverty from the root cause,the problem of farmers’ rights poverty must be changed.On the basis of in-depth analysis of the rights and poverty of China’s poverty-stricken farmers in the four aspects of politics,economy,society and culture,the legal mechanism of preventing and returning to poverty in my country’s rural areas has been reconstructed,and it is clearly proposed to build a mechanism of interest representation,distribution of interests,and the bottom line.The guarantee mechanism,the human capital cultivation mechanism,the anti-poverty judicial relief mechanism,and the anti-poverty legal accountability mechanism are six in one,supporting and cooperating with each other,in order to change the status quo of farmers’ rights and poverty,and continuously consolidate and develop the achievements of poverty alleviation.