城市生活无着的流浪乞讨人员救助管理办法

第一条 为了对在城市生活无着的流浪、乞讨人员(以下简称流浪乞讨人员)实行救助,保障其基本生活权益,完善社会救助制度,制定本办法。 第二条 县级以上城市人民政府应当根据需要设立流浪乞讨人员救助站。救助站对流浪乞讨人员的救助是一项临时性社会救助措施。 第三条 县级以上城市人民政府应当采取积极措施及时救助流浪乞讨人员,并应当将救助工作所需经费列入财政预算,予以保障。 国家鼓励、支持社会组织和个人救助流浪乞讨人员。     

流浪乞讨儿童受教育权保护解析

当前,我国政府实施了一系列措施保护流浪乞讨儿童的合法权益,但这些措施主要都是保护他们的安全、生活等物质方面,对于他们精神方面,尤其是受教育权的保护却不足.流浪乞讨儿童处在接受义务教育的年龄阶段,政府作为儿 童受教育权的最终责任者,理应履行保护其受教育权的职责:通过完善救济制度、严格依法办事、提供救济渠道,使流浪乞讨儿童的受教育权得到真正保障.同时,救助站作为流浪乞讨儿童的救助机构,也应竭力配合政府及相关行政部门保护流浪乞讨儿童受教育权的工作,这也是解决流浪乞讨儿童问题的题中之义.     

论流浪乞讨儿童受教育权的保护

随着社会发展和经济的进步,城市化进程的飞速推进,流浪乞讨人员的大量出现、流浪乞讨问题的日益严重已经逐渐成为社会发展的一大威胁。为此,我国政府出台了一系列政策,或是规制犯罪的流浪乞讨,或是保护流浪乞讨中真正的弱势群体。然而纵观之,随着流浪乞讨儿童现象的日益普遍,对于流浪乞讨儿童的受教育权的保护则显得非常不足。这便要求我们加快出台一系列政策、法规,真正解决流浪乞讨儿童的受教育的相关问题,真正把保护流浪乞讨儿童的受教育权的问题落到实处。     

法治视角下的流浪乞讨人员救助问题研究

《城市生活无着的流浪乞讨人员救助管理办法》在一定程度上保障了流浪乞讨人员的基本生活权,但其立法本身及其在运行中还是或多或少的存在一些问题.本文主要分析了设立“禁讨区”问题的法学思考,现行救助流浪乞讨人员的立法及其运行中存在的问题,并提出了完善救助流浪乞讨人员立法的建议.     

我国城市流浪乞讨人员救助制度中亟待解决的几个问题

2003年确立的对城市生活无着的流浪乞讨人员救助制度实施至今暴露出诸多问题,其根本原因在于《救助办法》在制定原则和具体制度上具有先天的立法缺陷。本文认为,流浪乞讨人员救助制度必须合理定位其功能和救助对象,既要保障流浪乞讨人员的合法权利,又要强调流浪乞讨人员本身应承担的法定义务;既要保证救助站作为救助主体的服务性职责的履行,又要赋予救助站和相关部门一定的管理职权以保证救助工作顺利进行;既要对社会弱势群体提供关怀和照顾,又要对其中的违法犯罪行为依法惩处,以此平衡各方的权利（权力）和义务,确保流浪乞讨人员救助制度的良性运作。     

乞讨也犯法?

2003年12月7日,《北京市轨道交通运营安全管理办法(送审 稿)》第20条规定:"禁止在车站出入口,车站和列车内乞讨、卖艺、 吸烟、躺卧、擅自销售物品。" 12月15日,苏州市民政局、公安局、城管局联合发布《关于加 强对城市生活无着的流浪乞讨人员救助管理的通告》,禁止乞丐在 繁华街区乞讨,不听劝阻者将被施以治安处罚。 12月22日,湖南省长沙市救助管理收容站发出《致全体市民 的公开信》:不要直接向街头流浪乞讨人员施 舍金钱,避免爱心被不法分子利用,应当让您 的爱心真心温暖那些需要救助的困难群体。 江苏省公安厅出台了《关于妥善处理大中 城市流浪乞讨问题的意见》,要求对未满16周 岁的流浪乞讨人员,要一律送儿童福利机构抚 养,流浪乞讨问题严重的城市,可对流浪乞讨 区域、时间范围予以一定限制。 上海市针对地铁乞讨、散发小广告、违规设 摊、卖报等行为的整治行动开始"升级",对违规 者的处罚将从批评教育、经济处罚上升到拘留。     

对当前我国流浪乞讨人员的现状分析及对策思考

当今城市流浪乞讨人员数量庞大．不仅影响城市形象，更是对社会治安和公民和合法权益造成严重威胁。不论是公安机关还是政府其他部门都应该积极寻求解决流浪乞讨问题的途径，不断完善流浪乞讨人员的管理。     

对流浪乞讨行为的法律对策

<正> 流浪乞讨问题已成为我国当前城市的一个社会问题,以解决这一问题为已任的收容遣送工作近年来可谓步履艰难,虽费力很大,但收效甚微。为此,不少同志撰文指出,解决城市流浪乞讨问题首先应明确流浪乞讨行为的性质,健全有关收容遣送法规。但具体到如何给流浪乞讨行为定性,有关法规怎样健全,又众说纷纭,莫衷一是。本文试就流浪乞讨行为的性质及有关立法问题略陈管见,以供参考。一、流浪乞讨行为是危害社会的行为     

不要随意施舍为哪般?

城市乞讨现象近年来备受关注,是一个相当复杂的社会问题。尤其近一两年,越来越多的假冒乞讨者们混进乞讨大军,利用了人们的善良,滥用了市民的同情。一些城市中甚至出现了有组织有分工合作的乞讨团体,它们由头目把持,胁迫一些老人与流浪儿童向路人进行强行乞讨,严重影响了社会的     

对完善我国流浪乞讨人员救助法制的几点思考——基于对生存权的公共性认知

流浪乞讨人员生存权及其实现方式的确认和保障,是我国行政法治研究的重要课题。承认流浪乞讨人员生存权具有公共性,并基于对生存权公共性的认知,从法律规范和制度操作层面对流浪乞讨行为的界限、社会救助机构的强制救助权及救助管理制度做出系统安排,是完善我国流浪乞讨人员救助法制的现实路径。     

The relationship between street children and the justice system in Egypt

This article examines the relationship between street children and the justice system in Egypt. After introducing the context of street children in the Egyptian case, it explores whether the justice system exacerbates the problem of street children and whether its potential to play a positive part in alleviating the problem should be revisited. The article then explores the basis for the negative perspective on the role of the justice system and the steps required to improve its role in solving the problem of the increasing number of street children. It concludes with a three-pronged approach for the Egyptian justice system to adopt to effectively address the problem of street children. The article is based on an existing knowledge base that is scattered in small-sample empirical studies, large-scale surveys, United Nations reports, newspapers, and a few academic articles written in both English and Arabic.     

Children's street connections in a Canadian community

Preteen children's street activities in a small southern Ontario city were examined for understandings about how children on the street affiliate with one another and with adults after school. The everyday connections between children, shopkeepers, and municipal workers demonstrate that the municipal workers and merchants can offer caring, support, and sanctions to children when parents or teachers are not accompanying them. This provides children on the street with a form of guidance from extrafamilial mentors. The findings point to community-based potentials for naturally occurring crime prevention strategies, a significant aspect of Canada's new law: Youth Criminal Justice Act. 2003.     

RACE,CODE OF THE STREET,AND VIOLENT DELINQUENCY: A MULTILEVEL INVESTIGATION OF NEIGHBORHOOD STREET CULTURE AND INDIVIDUAL NORMS OF VIOLENCE*

The study outlined in this article drew on Elijah Anderson's (1999) code of the street perspective to examine the impact of neighborhood street culture on violent delinquency. Using data from more than 700 African American adolescents, we examined 1) whether neighborhood street culture predicts adolescent violence above and beyond an adolescent's own street code values and 2) whether neighborhood street culture moderates individual-level street code values on adolescent violence. Consistent with Anderson's hypotheses, neighborhood street culture significantly predicts violent delinquency independent of individual-level street code effects. Additionally, neighborhood street culture moderates individual-level street code values on violence in neighborhoods where the street culture is widespread. In particular, the effect of street code values on violence is enhanced in neighborhoods where the street culture is endorsed widely.     

The role of violence in street crime: a qualitative study of violent offenders

Studies on the motivation for violent street crime, such as robbery and assault, have tended to draw on either the rational choice or the subcultural perspective. This study explores the extent to which violence on the street can be explained by rational factors associated with the successful commission of the offence or social factors related to street culture. The study is based on qualitative interviews with 55 violent street offenders who were serving sentences for street robbery and assault in six prisons in the United Kingdom. The findings, based on accounts of 101 incidents of street violence, identified four main explanations for street violence: (a) successful offence enactment, (b) buzz and excitement, (c) status and honor, and (d) informal justice. The article concludes that there might be benefits in combining the insights of both perspectives by generating an integrated theory that would properly explain both the rational and the seemingly irrational components of street violence.     

ASSESSING NEIGHBORHOOD AND SOCIAL PSYCHOLOGICAL INFLUENCES ON CHILDHOOD VIOLENCE IN AN AFRICAN‐AMERICAN SAMPLE*

The present study examines the extent to which neighborhood and social psychological influences predict childhood violence among 867 African‐American youth. The results showed that neighborhood affluence was the only neighborhood‐level variable to exert a significant influence on childhood violence. Furthermore, childhood violence was significantly related to social psychological influences, such as adopting a street code, associating with violent peers, parental use of violence, and quality parenting. Overall, the findings suggested that simply living in a violent neighborhood does not produce violent children, but that family, peer, and individual characteristics play a large role in predicting violence in childhood.     

Explaining San Diego’s Decline in Illegal Street‐Racing Casualties

Illegal street racing has become a pressing problem for cities and counties throughout the United States. In response to the problem, San Diego was the first city to pass a spectator ordinance, making attendance at an illegal street race an arrestable offense. Shortly after the spectator ordinance went into effect, a forfeiture ordinance was passed. This provides for forfeiture of vehicles used in illegal speed contests. A recent drop in illegal street‐racing casualties has been attributed to both ordinances, but other explanations are plausible, including an increase in media attention to the problem, a highly publicized prosecution for murder stemming from two illegal street racing fatalities, an increase in the number of sanctioned racing events, and enforcement of certain provisions in California’s Vehicle Code. Even in the face of these possible alternative explanations, several regression analyses revealed that the forfeiture ordinance had the most pronounced effect on street‐racing casualties.     

Examining the Relationship Between the Structural Characteristics of Place and Crime by Imputing Census Block Data in Street Segments: Is the Pain Worth the Gain?

Objective

The current study proposes unique methods for apportioning existing census data in blocks to street segments and examines the effects of structural characteristics of street segments on crime. Also, this study tests if the effects of structural characteristics of street segments are similar with or distinct from those of blocks.

Methods

This study compiled a unique dataset in which block-level structural characteristics are apportioned to street segments utilizing the 2010 U.S. Census data of the cities of Anaheim, Santa Ana, and Huntington Beach in Orange County, California. Negative binomial regression models predicting crime that include measures of social disorganization and criminal opportunities in street segments and blocks were estimated.

Results

The results show that whereas some of the coefficients tested at the street segment level are similar to those aggregated to blocks, a few were quite different (most notably, racial/ethnic heterogeneity). Additional analyses confirm that the imputation methods are generally valid compared to data actually collected at the street segment level.

Conclusions

The results from the street segment models suggest that the structural characteristics from social disorganization and criminal opportunities theories at street segments may operate as crucial settings for crime. Also the results indicate that structural characteristics have generally similar effects on crime in street segments and blocks, yet have some distinct effects at the street segment level that may not be observable when looking at the block level. Such differences underscore the necessity of serious consideration of the issues of level of aggregation and unit of analysis when examining the structural characteristics-crime nexus.

     

Street justice: a theoretical paradigm

Three theoretical perspectives examine the role of justice as a means of informal social control and as a reactionary process to dynamics of social strain and subcultural demands. This theoretical analysis is then applied to concepts of justice, including retributive, distributive, restorative, and procedural. The derived street justice paradigm incorporates these various forms of justice as they are linked with cultural imperatives associated with street culture and street crime. The linking of these concepts provides a clearer understanding of the motives and means of exacting justice in a state of heightened relative strain that is pronounced by a preference for revenge and violence. Implications for policy, future study, and theoretical expansion are discussed with particular emphasis on the application of the paradigm to non‐street crime and to policies directed toward involving community members in the justice process.     

Municipal ordinances and street prostitution in Spain

Beginning with the civic ordinance enacted in Barcelona in 2005, in the first decade of the twenty-first century, most big and medium-sized cities in Spain enacted municipal ordinances prohibiting various types of uncivil behaviour in the street. The stated goal of all these municipal regulations was to promote urban safety and the civic use of public space. However, in some cases these prohibitions have gone beyond this goal and had deeper, at times even contrary, effects on some of the activities they are intended to regulate. An analysis of the effects of banning street prostitution through municipal ordinances in Spain shows not only that the trade of sexual services in the street has not disappeared, but also that the conditions of police control in which street sex workers must operate have worsened. The lack of effectiveness of these regulations to discourage sex workers from offering their services in the street may explain the recent change in municipal policy attitude towards this issue, which is shifting from a soft prohibitionist approach to an abolitionist one. At the national level, although the recently passed Citizen Safety Act seems to take an abolitionist approach to this matter, materially speaking it is very close to prohibitionist schemes for dealing with street prostitution.     

Gang joining in Denmark: prevalence and correlates of street gang membership

This paper examines gang joining among juveniles in socially disadvantaged residential neighbourhoods with gang presence. The analysis is based on a school-based survey among students (n = 1,886) in Copenhagen, the capital of Denmark. The theoretical framework is inspired by the Eurogang Program of Research—that is, their definition of street gangs was utilized in the study. The results indicate that 13% of the youths aged 13–17 are members of street gangs. The street gang members are more likely to be characterized by poor parental monitoring, weak pro-social values, and high-risk lifestyles compared with other crime involvement groups, including serious offenders; and they commit a disproportionately large number of offences. The results also indicate that proximity to criminal gangs on a higher organizational level than street gangs increases willingness to join such criminal gangs, especially for street gang members, as they are more likely to be in contact with older and more powerful gang members already—for example, they have helped them by being a look-out or passing messages.