贵州省扶贫开发法治保障研究

发布时间：2018-10-14 12:16

【摘要】：尽管改革开放以来,我国贫困人口数已大幅缩减,整体贫困状态有所缓解,但部分地区尤其是像贵州这样的西部省区贫困程度还比较深,脱贫攻坚任务依然很重。随着全面建成小康社会时间节点的临近,我国已进入到整体脱贫攻坚的冲刺阶段,随着扶贫开发工作的不断深入,依靠传统的行政手段和政策路径来解决当前扶贫开发工作中的深层次矛盾,已显得越来越乏力。扶贫开发工作作为本世纪我国最大的系统工程,涉及到几亿人口的生存权和发展权问题。因此,必须以法治思维和法治方式推动贫困地区和贫困人口脱贫,尤其是要运用法律规则思考和处理精准扶贫工作中的问题。我国三十多年的扶贫开发实践充分表明,只有充分突出法律法规在我国扶贫开发中的主导性地位,充分发挥扶贫开发法律法规的规范、预测、引导和保障作用,依法依规推进扶贫开发工作,从根本上解决扶贫开发实践中关键性问题,如扶贫开发工作定位模糊、地位不明、任务不清、责任错位等,才能充分保障扶贫开发工作的有序性、协调性、实效性。贵州作为全国贫困面最广、贫困人口最多、贫困程度最深的省份,其扶贫开发工作长期得到党和国家的高度关注,贵州省委省政府将“大扶贫”战略作为贵州实现与全国同步小康的重中之重,并在全国较早地启动了地方扶贫开发立法工作,以法治手段保障扶贫开发工作有序开展。尽管如此,由于扶贫开发工作是一个庞大的系统工程,涉及到方方面面主体的利益,全面脱贫时间紧、任务重、难度大,在扶贫开发工作推进中,须进一步加大法治力度,强化扶贫开发工作的立法、执法和司法,切实保障扶贫开发工作有序进行,确保2020年实现与全国同步小康。全文共分为三个主要部分:第一部分扶贫开发及其法治保障概述。在全面梳理我国扶贫开发发展历程基础上,揭示了我国扶贫开发基本内涵,从保障扶贫开发工作有序进行和扶贫开发工作可持续开展两个视角论证了完善我国扶贫开发法治保障的必要性,并对我国现行扶贫开发相关法律法规与政策进行评析。第二部分贵州省扶贫开发法治保障成效与问题。通过对贵州省现行扶贫开发法规与政策的梳理,全面考察贵州省扶贫开发法规、政策、措施运行实际状况,并重点从扶贫法规制度落实不完善、社会参与扶贫机制不健全、扶贫资金项目管理不到位、扶贫监管及其问责不得力四个方面揭示贵州省在法治保障扶贫开发中存在的主要问题。第三部分完善贵州省扶贫开发法治保障的建议。针对贵州省扶贫开发法治保障存在的突出问题,重点保障扶贫开发法规的实施、完善社会参与扶贫的机制、优化扶贫资金与项目管理、加大扶贫监管与问责力度四方面提出完善建议。
[Abstract]:Although the number of poor population has been greatly reduced and the overall poverty situation has been alleviated since the reform and opening up in China, the poverty level in some areas, especially in the western provinces such as Guizhou, is still relatively deep, and the task of overcoming poverty is still very heavy. With the approaching of the time node of building a well-off society in an all-round way, our country has entered the stage of getting rid of poverty as a whole, and with the deepening of the work of poverty alleviation and development, Relying on the traditional administrative means and policy path to solve the deep-seated contradiction in the current poverty alleviation and development work, it has become more and more weak. As the largest systematic project in China in this century, poverty alleviation and development work involves the survival and development rights of hundreds of millions of people. Therefore, it is necessary to push the poor areas and the poor people out of poverty by the rule of law thinking and the rule of law, especially to use the legal rules to think and deal with the problems in the precision poverty alleviation work. The practice of poverty alleviation and development in China for more than 30 years has shown that only by giving full prominence to the leading position of laws and regulations in the development of poverty alleviation in our country, can we give full play to the role of norms, prediction, guidance and protection of laws and regulations in poverty alleviation and development. Only by advancing the work of poverty alleviation and development in accordance with laws and regulations, and by fundamentally solving the key problems in the practice of poverty alleviation and development, such as vague positioning, unclear status, unclear tasks, misplaced responsibilities, etc., can we fully guarantee the orderly nature of the work of poverty alleviation and development. Coordination, effectiveness. Guizhou, as the province with the widest range of poverty, the largest number of poor people and the deepest degree of poverty, has been highly concerned about poverty alleviation and development by the Party and the state for a long time. Guizhou Provincial Party Committee and Provincial Government regards the strategy of "big poverty alleviation" as the most important thing for Guizhou to realize the well-off society in synchronism with the whole country, and has initiated the local poverty alleviation and development legislation work in the whole country earlier, and ensured the work of poverty alleviation and development to be carried out in an orderly manner by the means of rule of law. Nevertheless, since poverty alleviation and development work is a huge systematic project involving the interests of all aspects of the main body, the overall poverty alleviation is tight, the task is heavy and difficult, so we must further strengthen the rule of law in the work of poverty alleviation and development. We will strengthen the legislation, law enforcement and administration of justice in the work of poverty alleviation and development, ensure that the work of poverty alleviation and development is carried out in an orderly manner, and ensure that we will achieve a well-off society in line with the The full text is divided into three main parts: the first part is an overview of poverty alleviation and development and the guarantee of the rule of law. On the basis of a comprehensive review of the development process of poverty alleviation in China, the basic connotation of poverty alleviation and development in China has been revealed. In this paper, the necessity of improving the rule of law guarantee of poverty alleviation and development in China is demonstrated from the two perspectives of ensuring the orderly development of poverty alleviation and the sustainable development of poverty alleviation, and the relevant laws, regulations and policies related to poverty alleviation and development in China are evaluated and analyzed. The second part is about the effectiveness and problems of the rule of law guarantee for poverty alleviation and development in Guizhou province. Through combing the current laws and policies of poverty alleviation and development in Guizhou Province, the actual operation of the laws, policies and measures of poverty alleviation and development in Guizhou Province is comprehensively investigated, and the emphasis is put on the imperfect implementation of the laws and regulations on poverty alleviation and the imperfect mechanism of social participation in poverty alleviation. The main problems of Guizhou province in protecting poverty alleviation by rule of law are revealed in four aspects: poor management of poverty alleviation fund project, poor supervision of poverty alleviation and its accountability. The third part consummates Guizhou province poverty-alleviation development rule of law safeguard suggestion. In view of the outstanding problems existing in the rule of law guarantee for poverty alleviation and development in Guizhou Province, it is important to ensure the implementation of laws and regulations on poverty alleviation and development, to improve the mechanism of social participation in poverty alleviation, and to optimize the management of poverty alleviation funds and projects. Four aspects to improve the supervision and accountability of poverty alleviation are put forward.
【学位授予单位】：贵州民族大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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