《城市生活无着的流浪乞讨人员救助管理办法》的制度解读——以流浪乞讨人员获得救助权为视角

作为对《城市生活无着的流浪乞讨人员救助管理办法》的反思,在对制度本身的功能定位基础上,以"流浪乞讨人员获得救助权"为视角展开分析,其结论是制度的完善应围绕获得救助权的保障和实现加以架构,合理界定权利主体和救助条件,明确救助机构的职责和权限,实行分类救助和先行救助,完善权利救济制度。

Analysis on the Rule of Protecting the Beggars of Homelessness in Cities

As a rethinking towards the Rule of Protecting the Beggars of Homelessness in Cities,this article based on the regulation itself has made an analysis of the aspect of the right of being protected in beggars,in which the consummation of this regulation should be completed based on the realization of being protected.We should soundly distinguish the subjects of rights and condition to be helped,make a clear idea about the duties and rights of helping institutions,and take ranked aid and first aid as parts of it for bettering the system of saving the rights of beggars.