Normalization of the rule of law to help vulnerable groups
11 departments carried out special actions to strengthen the interpretation of the rescue management experts of homeless beggars
● To provide assistance to vulnerable groups such as wandering beggars, to fully integrate them into the scope of social security, and to provide social assistance management services, is the performance of fulfilling the relevant government responsibilities and giving humanitarian care, as well as the performance of a country ’s social civilization.
● After helping the homeless beggars to return home, follow-up rescue and resettlement work also needs to be followed up in a timely manner, and fundamental measures should be taken to ensure that the homeless beggars have a stable life security and will not continue to come out.
● Rescue socially vulnerable groups, including stray and beggars, should not rely on special actions, but should be normalized and ruled by law, and various measures that are conducive to the rescue of stray and beggars and other socially disadvantaged groups should be reflected in the future society In the legislation of assistance, we will further improve the level of social security in China and walk out a clear path of relying on the rule of law to help vulnerable groups and improve the livelihood of society
□ Reporter Du Xiao
□ Wu Huiying, an intern in this newspaper
Recently, 11 departments such as the Ministry of Civil Affairs, the Central Political and Law Commission, and the Ministry of Public Security issued the "Notice on Launching Special Actions to Improve the Quality of Rescue and Management Services for Homeless Begging People" (hereinafter referred to as "Notice").
The "Notice" pointed out that all localities should carry out special actions around the six aspects of care service compliance, rescue and search for relatives, street inspection and comprehensive governance, settlement settlement, source management, and the improvement of the quality of the rescue management cadre team. Responsibility, improving quality and excellent service, further improving the rescue management system and mechanism, and promoting the establishment of a more mature and stereotyped new era rescue management service system.
After the outbreak, the localities actively provided relief and management services to the wandering beggars, while preventing and controlling the outbreak, and better protecting vulnerable groups. The promulgation of the "Notice" has a positive significance for further improving the quality of the rescue management service for homeless beggars.
Comprehensive care services
Fully demonstrate social progress
In February this year, in order to ensure that there is no gap in the prevention and control of the epidemic, and also to help the homeless beggars through the cold wave, the Shanghai police, together with various district civil affairs, urban management, health and health committees, and other departments, carried out a centralized survey and rescue operations for homeless beggars.
On February 25, the Hubei Province New Coronavirus Infection Pneumonia Prevention and Control Headquarters issued a notice to provide rescue services to foreign personnel who are stranded in Hubei and have difficulties in life. The local government and relevant parties will provide rescue services for people who are stranded in Hubei due to departure from Hubei and have difficulties in living.
Guo Xianghong, Dean of the School of Law, Taiyuan University of Science and Technology, believes that the "Notice" requires vigorously improving the quality of rescue management services for homeless beggars, which is an important measure to further improve social security and effectively maintain the basic rights of homeless beggars. Social security can ensure the minimum standard of living of citizens, is a basic right enjoyed by citizens in accordance with the law, to provide assistance to vulnerable groups such as homeless beggars, to fully integrate them into the scope of social security, and to provide social assistance management services, is to fulfill the relevant government responsibilities The performance of giving humanitarian care is also a manifestation of the continuous progress of a country ’s social civilization.
"Notice" pointed out that the comprehensive implementation of care service compliance actions. All localities must centrally deploy rescue management and investigation of hidden dangers in care institutions.
Guo Xianghong believes that, according to the relevant provisions of the “Administrative Measures for the Relief of Wandering Begging People without Urban Life” (hereinafter referred to as the “Administrative Measures”), the rescue station mainly provides food, shelter, medical treatment, contact with relatives, and transportation expenses for the rescued. Measures, most of these measures are temporary and transitional. The "Notice" expands the scope of assistance for homeless beggars. In addition to the above-mentioned rescue measures, it also proposes to strengthen the responsibility of care in the station in accordance with the principle of "normal care in the station and exceptional care in the station". There are steps and batches The rescue management organization that has carried out the work of taking care of staff in the station for the second time, with insufficient facilities or personnel, and unable to provide care services, can introduce professional forces to participate in the work through the way of government purchases to improve the level of care services in the station.
"'Comprehensively carry out the standardization action of care services' plays an important role in ensuring the current life of homeless beggars, and will also play a positive role in fundamentally solving the life problems of homeless beggars in the future," Guo Xianghong said.
Tang Jun, secretary general of the Social Policy Research Center of the Chinese Academy of Social Sciences, believes that "comprehensively carrying out the standardization of care services" can better help homeless beggars, but in the implementation process, we must pay attention to an important issue, that is, how to let some people who really need help Willing to receive help and how to find their information. Some homeless beggars or people whose lives are temporarily unwilling to go to the rescue station to receive assistance, because this seems to mean that the identity of homeless beggars is assumed.
Rescue with technology
Master the flow of identity
"Notice" pointed out that vigorously carry out rescue and search services. All localities should focus on the special action of rescue and search for relatives with the theme of "great love to find relatives and return home warmly." The civil affairs department should work with the public security department to screen the identity information of the stranded people through DNA comparison, portrait identification, etc., and the authority at this level cannot be verified. After being reported by the civil affairs department at each level, the report shall be submitted to the public security department at the same level for further verification.
In March this year, the Information Office of the Guangzhou Municipal Public Security Bureau issued a report: Zengcheng Police, with the support of the superior public security organ and the support of Meizhou Police, after more than ten years of unremitting efforts, finally found a young person who was abducted in Zengcheng 15 years ago. certain. It is understood that the police conducted a DNA comparison between Shen and his son, and the results showed that the matching degree was exactly the same.
Tang Jun believes that the "Notice" proposes that for those who have been staying for more than 1 month, the rescue management agency should carry out the search for information on the national rescue search network, "Headlines Search People" and other platforms according to the progress of family search. Update and perfect. Not only helps homeless beggars find relatives, but also helps maintain social harmony and stability. Using modern technology means such as DNA comparison and face recognition to help homeless beggars to find relatives is completely achievable at the current level of science and technology, and fully reflects the positive significance of technological development in promoting social progress.
Guo Xianghong also believes that vigorously launching rescue services to find relatives is an effective way to fundamentally rescue homeless beggars. "Wandering beggars will regain the warmth of family and heal trauma after finding relatives, and will end the life of wandering begging and embark on the road of self-reliance and return to society."
The "Notice" pointed out that the outflow rescue management agency should establish a returnee information account, and the inflow rescue assistance management agency should provide the returnee assistance information in written form to the outflow rescue assistance agency (if no rescue management agency is established, feedback To the local civil affairs department).
Guo Xianghong believes that with the continuous development of science and technology, especially big data provides great convenience for the information management of wandering beggars. Both the outflow and inflow areas have relevant information about homeless beggars, which is an important measure to determine the identity and flow path of homeless beggars. An important feature of wandering beggars is unidentified, some are objectively unknown, and some are subjective concealment. If you can determine the identity, inflow, outflow and other information of the wandering beggars, it will be very helpful to provide them with assistance, persuade them to return to their hometowns, and set up employment.
Mobilize mass rescue reports
Self-reliance and return to society
"Notice" pointed out that continued street inspections and comprehensive governance actions. Public security organs, city management departments and other relevant administrative organs shall perform street inspection duties in accordance with the division of responsibilities. Leading and coordinating agencies for rescue management should study and formulate supporting measures, clarify the referral and disposal procedures for special rescue objects such as minors, the elderly, and people with mental disorders, and use the urban grid and digital management platform to mobilize townships (towns, streets), Village (resident) committees and other grassroots working forces mobilize social work service agencies, charity organizations, volunteer service organizations, bus (taxi) drivers, etc. to actively participate in the formulation of a normalized and institutionalized street inspection system to establish a comprehensive coverage, A rescue management network with coordinated and timely service. It is necessary to strengthen the comprehensive management of public security on the street, deal with violations of public security management, urban management and other regulations in accordance with laws and regulations, and effectively reduce uncivilized phenomena such as "forcibly asking" and "professional begging".
"'Forcibly asking for' professional begging 'makes use of people's love and compassion to gain nothing for nothing, is contrary to social fairness and justice, and encourages bad habits of eating lazily. Some' forcibly asking for 'professional begging' behavior is organized, It disrupted social security and even violated the legal rights of other citizens. The introduction of the "Notice" is of positive significance for curbing such behaviors, further maintaining social security, purifying the social atmosphere, and improving the appearance of the city, etc. "Guo Xianghong said.
Tang Jun believes that in accordance with the relevant requirements of the "Notice", the masses should be mobilized to realize the importance of social assistance, so that "temporary life without help from the help station" becomes a well-known request for help like the "find a police officer in difficulty" the way. When people meet the wandering beggars, they actively provide help, such as calling the helpline for help from the government, so that those who really need help can get help. "Forcibly asking" and "professional begging" are frauds in some cases, and this kind of behavior should be continuously reduced. For this, it is also necessary to do a good job of propaganda, mobilize the masses to report and manage, and let the masses identify such behaviors in a timely manner.
The "Notice" pointed out that the settlement resettlement should be carried out in a concentrated manner. All localities should concentrate on carrying out a resettlement operation for long-term detainees.
"The centralized settlement of homeless beggars can solve the long-term life problems of homeless beggars, and provide them with a better guarantee for their self-reliance and return to society." Guo Xianghong said, "The assistance is provided to enable the homeless beggars to obtain basic living security and be able to support themselves. 1. Return to society, improve the quality of life, and reshape human dignity. This is the fundamental purpose of social assistance and the goal pursued by the "Notice" and special actions. "
Tang Jun believes that after helping the homeless beggars to return home, follow-up rescue and resettlement work also needs to be followed up in time, and fundamental measures should be taken to ensure that the homeless people have a stable living security and will not continue to come out to beg and beg.
Existing regulations still need to be improved
Social assistance legislation speeds up
At present, there are still some areas in the legal system that need to be further improved with regard to the rescue and management services of homeless beggars.
Guo Xianghong believes that the rescue and management of wandering beggars should be fully covered in urban and rural areas. The scope of application of the "Administrative Measures" is mainly for wandering beggars in cities. Although the city is the majority in terms of the distribution of homeless beggars, there are also many homeless beggars outside the city. In some rural areas, there is no relief agency, and it is difficult for local homeless beggars to obtain the assistance provided by the government. The "Notice" includes homeless beggars all over the country in the scope of assistance, so that homeless beggars outside the city can also get assistance. This is an improvement.
"The access to assistance should be further expanded. According to the relevant provisions of the" Administrative Measures ", there are two main ways to obtain assistance, one is the initiative of the staff of the relevant government departments, and the other is the wandering beggars asking for help from the rescue station. The relevant government departments mainly It is a public security organ and other departments. The "Administrative Measures" stipulates that "when the staff of public security organs and other relevant administrative organs find wandering beggars while performing their duties, they should be informed to seek help from the rescue station." The "Notice" requires that "the public security organ, The city management department and other relevant administrative agencies should perform street inspection duties in accordance with the division of responsibilities, and increased the initiative of the civil affairs departments and other administrative agencies to help better protect the legitimate rights and interests of homeless beggars. "Guo Xianghong said.
Tang Jun believes that the "Management Measures" can play a role for ordinary wandering beggars, but for those who engage in "forced begging" and "professional begging", it is possible to play the role of the "Management Measures". It is difficult. When the government conducts rescue and resettlement of such people, they may engage in "career begging" again, because what they need is not salvation and resettlement in the usual sense, but considerable income from engaging in "career begging". For this group of people, further investigation is needed to study targeted and operable countermeasures.
Guo Xianghong believes that at present, there is no social assistance law in China. The administrative regulations on social assistance are the "Administrative Measures" issued in 2003 and the "Interim Measures for Social Assistance" issued in 2014 (hereinafter referred to as "Interim Measures"). The scope of assistance provided by the "Interim Measures" has been significantly expanded, and it is no longer limited to homeless beggars. It mainly includes seven kinds of assistance measures including minimum living security, support for extremely poor people, disaster relief, education assistance, housing assistance, employment assistance and temporary assistance. However, the effectiveness of administrative regulations is lower than that of laws, which restricts the implementation of social assistance to a certain extent.
It is understood that the Social Assistance Law has been listed as a type of legislative project in the legislative planning of the Standing Committee of the National People's Congress, and the National People's Congress Social Construction Committee is responsible for contacting the drafting work.
"During the epidemic prevention and control period, some foreigners were unable to return home because of the closure of Wuhan, and some lived on the streets. According to the existing" Administrative Measures "and" Interim Measures ", these people are not included in the scope of assistance. Therefore, it is recommended Further expand the scope of social assistance, and include situations requiring assistance due to public emergencies within the scope of statutory assistance. The introduction of the "Notification" has a certain relationship with homeless people stranded in Wuhan. "Guo Xianghong said.
Guo Xianghong believes that this special operation will continue until June 2021, and more than one year should be able to accumulate a lot of useful experience, and the experience of the "Notice" and special operations can be further normalized and ruled by law. Relief for socially disadvantaged groups, including stray and beggars, should not rely solely on special actions, but should be normalized and rule of law, and various practices that are conducive to rescue stray and beggars and other socially disadvantaged groups will be reflected in future society. In the legislation of assistance, we will further improve the level of social security in China, continuously enhance the sense of access, happiness, and security of the people, and walk out a clear path of relying on the rule of law to help vulnerable groups and improve the livelihood of society.