精准扶贫长效机制的法治路径研究

中国精准扶贫事业在取得巨大成就的同时,也面临着长效不足的问题。扶贫权力的"双刃性"、扶贫活动的"正外部性"和贫困主体的"弱势属性"是精准扶贫长效不足的重要原因。作为一种现代化、规范化的贫困治理机制,依法治贫有助于扬弃扶贫权力的"双刃性",缓解扶贫活动的"正外部效应",改善贫困主体的弱势属性,因而能有效保障精准扶贫的长效发展。但同时,当前依法治贫也面临着精准扶贫的法律供给不足、扶贫权力运行的实施体制滞后、社会参与扶贫的激励机制低效、贫困主体的民生权利虚置等问题。因此,研究建议：完善精准扶贫的法律规范体系、优化扶贫权力运行的法治实施体系、健全多元主体参与的法律激励机制、构建贫困主体的民生权利体系,使扶贫活动在法治框架内规范运行。

Research on the rule of law approach to the long-term mechanism of targeted poverty alleviation

While China''s targeted poverty alleviation has achieved great success, it also faces the problem of lacking long-term efficiency. The "dual character" of government power to poverty alleviation, the "positive externalities" of poverty alleviation, and the "weakness" of the poor are important reasons for the problem of lacking long-term efficiency. As modern and standardized poverty governance mechanism, governing poverty by law can resolve the "dual character" of government power to poverty alleviation, relieve the "positive externalities" of poverty alleviation, and transform the "weakness" of the poor, thus can effectively realize the sustainable development of targeted poverty alleviation. However, governing poverty by law also faces the problems of lack of legal supply of targeted poverty alleviation, lag of implementation system for operation of pertinent government power, low efficiency of incentive mechanism for social participating poverty alleviation, and the deficiency of rights to livelihood for the poor. Therefore, this paper suggests:perfecting the legal system of targeted poverty alleviation, optimizing the rule of law implementation system for the operation of pertinent government power, improving the legal incentive mechanism for the participation of multi-subject, and establishing the system of rights to livelihood for the poor.