Poverty Alleviation Act: the Inevitable Product of the Development Law of Poverty Alleviation

Jiefang ZHU

Modern College, Northwest University, Xi’an 710130, China

Abstract Poverty alleviation is a grand project involving the whole society, and is related to the development direction of socialism and the process of national modernization. It is the basic national policy and major strategic deployment of China to eliminate poverty and improve people’s livelihood under the new historical conditions. Therefore, in order to win the final victory of poverty alleviation and difficulties tackling, it is not enough to have only a policy system and an institutional system. It is also necessary to establish an effective legal system to regulate and restrain various poverty alleviation behaviors, which is the basic condition for ensuring the sustainable development of poverty alleviation.

Key words Poverty Alleviation Act, Poverty alleviation, Inevitable product

1 Introduction

With the clearing of all poverty-stricken counties in 2020, it marks that China’s poverty alleviation has achieved a comprehensive victory in stages, completed the arduous task of eliminating absolute poverty, and created a miracle in the history of human poverty reduction. However, this is only the first step of the Long March. Getting rid of poverty is not the end point, but the starting point of new struggle and new journey. Poverty alleviation and difficulties tackling still has a long way to go. In order to realize this great historical ambition, in view of the long-term, complex, repetitive and exploratory nature of poverty alleviation, it is imperative to establish a poverty alleviation act system. Only under the action ofPovertyAlleviationActsystem can the historical process of poverty reduction in China be greatly promoted.

2 Inevitability of Poverty Alleviation Act

2.1 Long-term nature of poverty alleviationChina is still in the primary stage of socialism, falling into the category of developing countries. This special national condition fully shows that China’s poverty alleviation will be a huge social project running through the 21stcentury, involving a large population, lasting for a long time, and its arduous degree is unmatched by any poverty reduction event in ancient and modern China and foreign countries. First, China is a socialist country based on semi-feudal and semi-colonial society. In the early days of the founding of the People’s Republic of China, the economic situation we faced was poor, the supply of material resources was extremely scarce, the level of industrial and agricultural productivity was extremely low, and the country and people were in a state of extreme poverty. Under the leadership of the Communist Party of China, a series of large-scale political and economic movements were carried out, which greatly liberated and developed the productive forces and improved the people’s living standards to a certain extent.

However, the national characteristics of poverty and backwardness have not been fundamentally changed. Second, it is the country with the largest number of poor people and poor areas. The poor population accounts for more than half of the national population, and the poor areas account for more than half of the total land area. Some populations and areas are still in deep poverty. To change and eradicate this poverty phenomenon, it is not possible to accomplish it overnight, and it is necessary to introduce a concept of time. Third, the phenomenon of relative poverty still exists seriously. Since the reform and opening up 40 years ago, China has completed the arduous task of eliminating absolute poverty and taken a solid step on the road of realizing common prosperity. However, the journey is long, and there are still many hard tasks to complete and many difficulties to overcome. It still takes a long time to solve the problem of unbalanced and insufficient development and narrow the gap of relative poverty. The above situation fully shows that only thePovertyAlleviationActcan give people confidence and strengthen people’s faith in poverty alleviation.

2.2 Complex nature of poverty alleviationPoverty alleviation is a huge social project involving many fields, departments, industries and levels. These resource elements are not only independent, but also interrelated, which constitute complicated relations in poverty alleviation projects. First, it involves relevant departments in the political and economic fields. From the political field, it includes: administration, education, science and technology, culture, health departments,etc.From the perspective of economic field, it includes: finance, taxation, investment, industry departments,etc.The functions of the above departments form a joint force in the process of poverty alleviation projects, and play a decision-making, organizational, guiding, supportive and basic role. China is a socialist country, and what we pursue is the integrity of interests, so administrative means are irreplaceable in poverty alleviation. It is worth emphasizing that each department has its own laws and regulations, which are only suitable for its own department and are not binding on other departments. In the poverty alleviation project, only thePovertyAlleviationActcan coordinate these legal systems. Second, it involves related industries in the agricultural sector and agriculture-related industries in non-agricultural sectors. Related industries in the agricultural sector include agriculture, forestry, animal husbandry, sideline and fishery. The nature of these industries is different, and so is the form and content of poverty. Therefore, poverty alleviation policies, programs and methods for these industries are also different. At the same time, we should pay attention to the difficulties encountered in the operation of agriculture-related industries in non-agricultural sectors. The above situation can be uniformly deployed and arranged through thePovertyAlleviationAct. Third, it involves different levels of poor people and poor areas. Due to geographical, environmental, transportation, market and other reasons, the poverty status of poor people and poor areas varies widely, some are in mild poverty, some are in moderate poverty, and some are in deep poverty. Only after these situations are comprehensively evaluated by thePovertyAlleviationActcan different policies and programs be formulated according to different conditions.

2.3 Repetitive nature of poverty alleviationPoverty alleviation is a very arduous undertaking. The final result of poverty alleviation is reflected and manifested through various economic activities, so the changes of various economic activities directly determine and affect the benefits of poverty alleviation. Therefore, poverty alleviation cannot be accomplished overnight or once and for all, but should be precise and pragmatic, it is necessary to overcome difficulties, and constantly promote the sustainable development of poverty alleviation. First, poverty alleviation policies and programs must be rigorous and scientific. The formulation of poverty alleviation policies and programs should be realistic, treated differently, and mistakes should not occur. Once mistakes occur, poverty alleviation may be repeated. At the same time, poverty alleviation policies and programs should be added and deleted at any time according to the changing economic situation to ensure the stable development of poverty alleviation. The second is to set up observation and evaluation institutions. The government takes the lead in setting up observation and evaluation institutions. The basic function of this institution is to track and observe the changes of domestic and international economic situation at any time, especially the changes of domestic economic situation, and on this basis, comprehensively evaluate the observed information and materials, so as to provide a credible decision-making basis for poverty alleviation projects. Third, we should pay attention to the economic state of poor people and regions after getting rid of poverty. The economic state of poor people and regions after getting rid of poverty is very fragile, and it is difficult to resist various risks in economic activities. If the risks in economic activities exceed the capacity of poor people and regions, poor people and regions may return to poverty. Therefore, after the poor people and regions get rid of poverty, they should improve the follow-up work. At the same time, we can give some support to the returning poor population and regions by establishing poverty alleviation foundations. All the above problems must be solved under the norms and constraints ofPovertyAlleviationAct. Only throughPovertyAlleviationActcan the repetitive problem of poverty alleviation be solved.

2.4 Exploratory nature of poverty alleviationPoverty alleviation is the initiative of China and an exploration of the socialist development path in developing countries. Under the strong leadership of the Communist Party of China, after 40 years of continuous struggle, the Chinese people have solved the problem of absolute poverty of the Chinese nation for thousands of years and created a miracle in the history of human poverty reduction. China’s experience in poverty reduction is precious to the world, which not only provides a clear development direction for developing countries, but also makes an important contribution to the international communist movement. First, the fundamental purpose and task of socialism is to eradicate poverty. By summarizing the positive and negative experiences and lessons of China’s socialist development, it is concluded that poverty is not a feature of socialism, and socialism means eliminating poverty. If socialism cannot create a higher level of productive forces and more material wealth, it cannot defeat capitalism, and it is not true socialism. Therefore, poverty eradication is the historical mission of socialism and the qualitative prescription of socialism.PovertyAlleviationActcan determine this historical mission of socialism in the form of law and implement it to the end. The second is to explore the anti-poverty theory with Chinese characteristics. The CPC Central Committee with Comrade Xi Jinping as the core put poverty alleviation and difficulties tackling in a prominent position in governing the country based on China’s national conditions, issued a series of extraordinary policies and measures, and explored a road of poverty reduction with Chinese characteristics. The anti-poverty theory with Chinese characteristics is the theoretical crystallization of the great practice of poverty alleviation and difficulties tackling in China and the latest achievement of the sinicization of Marxist anti-poverty theory. ThePovertyAlleviationActcan refine this latest achievement in the continuous poverty alleviation cause, and continuously lead the poverty alleviation cause to a deeper level. Third, Chinese poverty alleviation is of worldwide significance. The Communist Party of China has led the Chinese people to create the miracle of poverty reduction with the largest scale, the longest duration and the greatest benefit to the population in human history, which provides important enlightenment and useful reference for other countries, especially developing countries, and profoundly affects the historical process of human poverty reduction.

3 Necessity of Poverty Alleviation Act

3.1 It is conducive to building a mechanism for poverty alleviationThe fields, departments and industries involved in poverty alleviation projects are very different, and their nature and functions are also different. If these resources rush headlong into mass action and go their own way, they will not only fail to achieve ideal poverty alleviation benefits, but also increase the cost of poverty alleviation and waste various poverty alleviation resources. Therefore, only by establishing an effective poverty alleviation mechanism throughPovertyAlleviationActcan various poverty alleviation resources be allocated scientifically. First,PovertyAlleviationActcan regulate and restrain all poverty alleviation resources. Poverty alleviation resources are a very complex group. Each resource is independent and has no connection with each other. No one can control anyone, and no one resource can regulate and constrain other resources.

When resources are independent and scattered, it is difficult to form a joint force. Only under the norms and constraints ofPovertyAlleviationActcan all kinds of poverty alleviation resources be condensed into a force, thus producing economies of scale in resource allocation. Second, thePovertyAlleviationActcan scientifically allocate all poverty alleviation resources.PovertyAlleviationActcan qualitatively allocate poverty alleviation resources according to the needs of poverty alleviation objects. At the same time, thePovertyAlleviationActcan allocate the poverty alleviation resources needed by poverty alleviation objects with the help of modern mathematical technology. This allocation not only reduces the cost of poverty alleviation, but also saves poverty alleviation resources, thus producing structural economic benefits of resource allocation.

Third, thePovertyAlleviationActcan plan the future development direction of poverty alleviation objects. ThePovertyAlleviationActcan scientifically plan and demonstrate the future industrial structure, business scale, financing mode, technology introduction, operation mode and market selection of poverty alleviation objects according to the development status of poverty alleviation objects, so as to avoid losses caused by planning mistakes.

3.2 It is conducive to the implementation of poverty alleviation policies and programsMao Zedong pointed out: "Policies and strategies are the life of the Party. Leading comrades at all levels must pay full attention and never be careless."[1]No matter how good the poverty alleviation policies and programs are, they must be implemented through the work of relevant government agencies and relevant staff. If poverty alleviation policies and programs are put in place, the functions and roles of poverty alleviation policies and programs can be brought into full play, otherwise, the functions and roles of poverty alleviation policies and programs will be weakened. Therefore, only under the norms and constraints ofPovertyAlleviationActcan poverty alleviation policies and programs be implemented, thus producing greater effectiveness. First, thePovertyAlleviationActcan regulate and restrain the working attitudes and behaviors of relevant government agencies and staff. Mao Zedong pointed out: "After the political line is determined, cadres are the decisive factor."[2]The functions and responsibilities of relevant government agencies and staff are to implement poverty alleviation policies and programs. If there is a problem in this link, poverty alleviation projects will be greatly reduced. In view of the working attitude of some government agencies and staff, such as inaction and laziness, thePovertyAlleviationActshould give strict management and supervision, and in serious cases, legal responsibilities should be investigated. Second, thePovertyAlleviationActcan regulate and restrict the procedures and steps for the implementation of poverty alleviation policies and programs. ThePovertyAlleviationActrequires relevant government agencies and relevant staff to conduct in-depth and meticulous investigation and research work, accurately identify poverty alleviation objects, establish first-hand poverty alleviation information and materials, and steadily promote poverty alleviation work on this basis. It is necessary to resolutely put an end to the exaggerated style of not conducting in-depth investigation and study, taking things for granted, and being blind and hasty. Third, thePovertyAlleviationActcan strictly assess the implementation of poverty alleviation policies and programs. The performance of relevant government agencies and staff can be reflected through the implementation of poverty alleviation policies and programs. ThePovertyAlleviationActcan assess the implementation of poverty alleviation policies and programs by formulating strict assessment institutions, assessment systems and assessment indicators, so as to prevent poverty alleviation work from being perfunctory and fraudulent, and ensure that every step of poverty alleviation projects can stand the test of time.

3.3 It is conducive to scientific planning of poverty alleviation projectsChoosing and planning poverty alleviation projects is a very important link in poverty alleviation projects. If mistakes occur in this link, not only the benefits of poverty alleviation projects will be lost, but also the original interests of poverty alleviation objects may be lost. Therefore, it is necessary to demonstrate poverty alleviation projects in an all-round way according to the relevant provisions of thePovertyAlleviationAct, and then select and plan poverty alleviation projects on the basis of listening to opinions from all sides. First, thePovertyAlleviationActrequires that the planning of poverty alleviation projects must be adapted to local conditions. The selection and planning of poverty alleviation projects must proceed from the geographical location, climatic conditions, natural environment, resource advantages, traditional industries and market distance of the region. In accordance with the market demand, it is necessary to carry out feasibility study, carefully select and plan. We should resolutely put an end to poverty alleviation projects that are divorced from reality and blindly selected and planned. Second, thePovertyAlleviationActrequires local governments not to force poor people to participate in poverty alleviation projects led by local governments. Before the implementation of poverty alleviation projects, some poverty alleviation objects have chosen industrial projects suitable for their own regions after long-term production practice. However, after the implementation of poverty alleviation projects, some local governments, regardless of the characteristics of local natural resources, force poverty alleviation objects to participate in poverty alleviation projects led by local governments, choosing an one-size-fits-all approach, resulting in serious product convergence. A large number of products can’t find a market, which increases the burden on poverty alleviation objects. Third, thePovertyAlleviationActrequires local governments to select and plan new poverty alleviation projects according to the changing market situation. Market demand is constantly being updated and changed, which objectively requires that traditional poverty alleviation projects must be innovated, new poverty alleviation projects should be added, and the needs of market development should be constantly adapted.

3.4 It is conducive to regulating the use of poverty alleviation fundsPoverty alleviation funds are an important material guarantee for the implementation of poverty alleviation projects and play an irreplaceable role in the implementation of poverty alleviation projects. If poverty alleviation funds are used in a standardized way, the role and effectiveness of funds will be improved, and the progress of poverty alleviation projects will be greatly promoted. If the use of poverty alleviation funds is not standardized, it will weaken the use and effectiveness of funds, and will also affect and delay the progress of poverty alleviation projects. ThePovertyAlleviationActcan strictly regulate and restrict the use direction and ways of poverty alleviation funds according to relevant provisions, and ensure that every fund must operate in the sun. First, thePovertyAlleviationActcan put an end to the egalitarian tendency of poverty alleviation fund distribution. ThePovertyAlleviationActstrictly stipulates the standards and conditions of poverty alleviation objects, strengthens the identification of poverty alleviation objects, and accurately helps the poor to get rid of poverty, so that good steel can be used in the cutting edge and really help those poverty alleviation objects with practical difficulties. It aims to resolutely overcome the defects in the average distribution mode that everyone has a share, every household has a share and every village has a share. Second, thePovertyAlleviationActcan put an end to the phenomenon of using the examination and approval process to obtain funds. In view of the phenomenon that some grass-roots workers obtain funds by modifying the examination and approval conditions, repeating declarations and falsifying registration, thePovertyAlleviationActcan give strict control and supervision through relevant provisions, so that all the use of funds is open and transparent from the beginning to the end. At the same time, thePovertyAlleviationActseriously investigates the legal responsibilities of the parties who illegally take poverty alleviation funds, misappropriate poverty alleviation funds at will, and change the direction of using funds. Third, thePovertyAlleviationActclearly stipulates that the object of poverty alleviation is the unity of legal rights and legal obligations. The state has provided financial and material assistance to poverty alleviation objects for a long time, and some poverty alleviation objects have developed the idea of dependence and laziness, which greatly reduces the endogenous motivation of poverty alleviation objects to get rid of poverty and become rich. In view of this situation, thePovertyAlleviationActclearly stipulates that not only the legal rights but also the legal obligations are given to the poverty alleviation objects. The poverty alleviation objects are the unity of rights and obligations, and the poverty alleviation objects are the main force to really get rid of poverty.

4 The basic connotation of Poverty Alleviation Act

4.1 Provisions ofPovertyAlleviationActThe so-calledPovertyAlleviationActrefers to the mother law of poverty alleviation, and is the fundamental law to regulate and restrain the overall poverty alleviation behavior. China’s poverty alleviation is an unprecedented huge social project involving the widest fields, the largest number of departments, the largest number of industries and the largest number of people. These poverty alleviation resources are in an independent state, and their nature and functions are also different. Only through the integration and coordination ofPovertyAlleviationActcan we form a strong social driving force and promote the sustainable development of poverty alleviation.

We have gone through a process of understanding the legalization of poverty alleviation since the beginning of poverty alleviation cause. When poverty alleviation develops to a certain stage, there is a phenomenon of irregularity and disorder in some aspects. These phenomena increase the cost of poverty alleviation, delay the process of poverty alleviation and delay the realization of poverty alleviation goals. In view of the long-term, complex, repetitive and exploratory nature of poverty alleviation in China, poverty alleviation must be placed under the regulation and constraints ofPovertyAlleviationAct, so as to lay a good prerequisite for the further development of poverty alleviation.

4.2 Contents ofPovertyAlleviationAct

4.2.1Coordination attribute ofPovertyAlleviationAct. The so-called coordination attribute ofPovertyAlleviationActrefers to the attribute thatPovertyAlleviationActcoordinates all resources involved in poverty alleviation. Coordination attribute pursues coordination effect. First, the scope of resources involved in poverty alleviation is very wide. China is a socialist country, and the nature of socialist country determines that poverty alleviation in China is a great cause of the whole society. Eradicating poverty and realizing the common prosperity of all workers is the development goal of socialism. Only with the joint efforts and struggles of the whole society can this historic task be accomplished by forming a huge army of poverty alleviation. Second, the nature of resources involved in poverty alleviation varies widely. All the resources involved in poverty alleviation exist independently, have special properties and functions, and their functions are different. Each resource has its own policy system, working system, institutional system and legal system, which are only for the internal part of the resource and are not binding on other resources. Therefore, the relationship between various resources is loose and there is no inevitable connection. Third, thePovertyAlleviationActcan unify all poverty alleviation resources in poverty alleviation. Poverty alleviation resources are a very complex system. Only under the regulation and constraints ofPovertyAlleviationActcan we make the best combination, and unite all kinds of forces into a huge synergy, thus producing integration effect.

4.2.2Allocation attribute ofPovertyAlleviationAct. The so-called allocation attribute ofPovertyAlleviationActrefers to the attribute thatPovertyAlleviationActallocates poverty alleviation resources to poverty alleviation objects. Configuration attributes pursue configuration effects. First, thePovertyAlleviationActcan be allocated according to the types of poverty alleviation resources needed by poverty alleviation objects. The situation of poverty alleviation objects varies widely, such as the industrial differences in agriculture, forestry, animal husbandry and fishery, the regional differences among old revolutionary base areas, areas with concentrations of ethnic minorities, border areas, and areas with relatively high incidences of poverty, and the differences in poverty levels (mild, moderate, deep). The differences in poverty alleviation objects determine that the types of poverty alleviation resources needed by each poverty alleviation object are also different, for example, some need materials, some need funds, some need infrastructure, some need science and technology, some need marketing models, and some need culture and education. ThePovertyAlleviationActcan allocate various poverty alleviation resources to poverty alleviation objects in a planned way according to their actual needs for poverty alleviation resources. It is worth emphasizing that the allocation of poverty alleviation resources should not be one-size-fits-all, so as to avoid that what is needed is not allocated, but what is not needed is allocated instead. Otherwise, there will be two tendencies: on the one hand, poverty alleviation resources are blindly allocated; on the other hand, it causes a waste of poverty alleviation resources. Second, thePovertyAlleviationActcan make allocation according to the quantity of poverty alleviation resources needed by poverty alleviation objects. The poverty alleviation resources needed by poverty alleviation objects are not only different in types, but also different in quantities. ThePovertyAlleviationActcan allocate poverty alleviation resources to poverty alleviation objects in a planned way according to the actual needs of poverty alleviation objects. It is worth emphasizing that the allocation of poverty alleviation resources must be realistic, neither less nor more. Smaller quantity will affect the progress of poverty alleviation projects, and larger quantity will cause a waste of poverty alleviation resources. Third, thePovertyAlleviationActcan determine the types and quantities of poverty alleviation resources for poverty alleviation objects at different stages. The types and quantities of poverty alleviation resources needed by poverty alleviation objects are different at different stages of development, and thePovertyAlleviationActcan adjust and reconfigure it in time according to this change.

4.2.3Mutual aid attribute ofPovertyAlleviationAct. The so-called mutual aid attribute ofPovertyAlleviationActrefers to the attribute of helping the poor advocated byPovertyAlleviationAct. The attribute of mutual aid pursues the effect of mutual aid. First, poverty alleviation is the common responsibility of the whole society. If one party is in trouble, all parties will support it, which is the precious spiritual wealth of the Chinese people. Poverty alleviation is a great cause of the whole society and should be paid attention to and helped by the whole society. Due to many historical and practical reasons, the development of different regions is unbalanced, and the developed regions should lend a helping hand to the poor regions. Poverty-stricken areas are a member of the whole country. From the overall economic development, the development of poverty-stricken areas also has a direct constraint on the development of developed areas. Therefore, accelerating the development of poverty-stricken areas is of great significance for improving the development efficiency of the whole society. The second is to provide assistance to poor areas through various means. Whether it is economic means or political means, whether it is paid means or unpaid means, whether it is long-term means or short-term means, any means is very important for poor areas. Great things may be done by mass effort, and with the efforts of the whole society, we will surely create miracles in the history of human poverty reduction. Third, it is necessary to speed up the transportation and training of talents in poverty-stricken areas. There are many reasons for the relative lag of economic development in poverty-stricken areas, and the lack of talents is the key factor. Developed areas can use superior human resources to transfer and train talents to poor areas, which lays the basic conditions for the rise of poor areas.

4.2.4Development attribute ofPovertyAlleviationAct. The so-called development attribute ofPovertyAlleviationActrefers to the attribute that the relevant provisions ofPovertyAlleviationActchange at any time according to the development needs of poverty alleviation. Development attribute pursues development effect. First, poverty alleviation is a process of continuous exploration and development. The cause of poverty alleviation is long, arduous, intricate and complex, and has the characteristics of groping forward and being determined to innovate. In this tortuous development process, as long as we adhere to the anti-poverty theory with Chinese characteristics, we can find a way to reduce poverty with Chinese characteristics. Second, new things emerge one after another in the development of poverty alleviation. The emerging new things in the development of poverty alleviation are a normal phe-nomenon, which conforms to the law of socialist development and is an exploration of the socialist road of poverty alleviation. It is inevitably full of unknowns and unpredictability. Third, thePovertyAlleviationActshould constantly change with the development of poverty alleviation. With the gradual deepening of poverty alleviation, the accumulated problems and contradictions will continue to increase. On the one hand, with the change of time and space of poverty alleviation, some provisions of thePovertyAlleviationActare outdated and cannot explain the actual poverty alleviation, so some contents need to be revised again. On the other hand, the existingPovertyAlleviationActcan’t explain a large number of new things, and it is necessary to add and enrich new contents. Obviously, thePovertyAlleviationActis not fixed, and we should change the relevant contents and add new contents at any time according to the needs of the development of poverty alleviation, and constantly guide the development of poverty alleviation.

4.3 Purpose ofPovertyAlleviationActThe purpose ofPovertyAlleviationActis to strictly regulate and restrain the behavior of all poverty alleviation resources in poverty alleviation. According to the types and quantities of poverty alleviation resources needed by poverty alleviation objects at different stages of development, scientific coordination and allocation are carried out, thus forming a comprehensive integration effect of poverty alleviation resources, and then promoting the process of poverty reduction.

Any kind of poverty alleviation resources can’t exist alone in poverty alleviation, and can’t play an independent role, because the existence and function of any kind of poverty alleviation resources are limited and influenced by other poverty alleviation resources. Therefore, only under the action ofPovertyAlleviationActcan all poverty alleviation resources be led, and all poverty alleviation resources be organically combined, so that the cost of poverty alleviation can be reduced, and the goal of poverty alleviation can be realized as soon as possible.

China is a socialist country and shows an overall interest-oriented economic form. Covering all people on the road of getting rid of poverty is the purpose and principle of the cause of poverty alleviation. Only through thePovertyAlleviationActcan we maximize the role of all poverty alleviation resources and continuously promote the socialist poverty alleviation cause as a whole.