The Right And The Legal Protection Of Social Vulnerable Groups

Ought to be said that social vulnerable groups (SVG) on the basis ofsocial differentiation is a universal phenomenon. China is now in the verystage of social transformation, the existence of SVG is external and tends toexpand and deepen. Talk on deep tier of sense, this is a process of benefitassigned newly. Today multiform social benefit groups have come into beingin China, how to counterpoise the division of benefit among different groups,maintain social justice in certain extend and protect the rights and interests ofSVG along with promoting economic development have turned into the mostimportant task of the government. In the meantime, it causes scholars tostudy this problem in their methods. Right in law has a series of meanings,which is a special study from the perspective of protection of right. Thoughthere are many kinds of protection for SVG, the protection in law isfundamental and effective. This paper is trying to give the readers a generalanalysis of the rights protection for "SVG". There're 6 parts in this article. In the first part, the conception of "social vulnerable groups"is analyzedin 4 aspects: conception, features, division and the meaning of SVG in law. Inview of the idea of rights, the definitions that appeared have insufficient, thereason is that the study in law has speciality. Groups have objectivity,relativity, variabilityand homogeneity. From the idea of reason, SVG can bedivided into physiology SVG and social SVG. The value of this divisionembodies two different protection, the former one requires special protectionand the latter one requires equation rights in law. A more synthesizeddefinition from the aspect of jurisprudence is put forward on the base ofseeing about and analyzing the definition in other subjects: social vulnerablegroups are in disadvantaged situation and in special social relationship andneed to be protected in law. The disadvantaged situationof vulnerable groupsexhibits in three aspects: un-dominant in distribution of right, rights easilybeing infringed, lower-classed in realization of right and vulnerable inrelieving of right. The second part describes and analyzes the current situation of SVG.First of all, it is the fundamental theory about the protection of right of SVG.Which right is a relative concept category is a basic understanding. It doesnot mean anyone can do whatever he wants. Right is limited like any otherthings. The rights of the SVG mostly mean the interests of SVG being takenas principal part, including physical interests, psychic interests and personalinterests, and it is the reflection, embodiment and protection of interests inlaw. Furthermore, we should understand the right with perspective ofanti-benthamism. The protection of right is a system which preventsinfracting right and ensures actualization of right at last. Right securitycontains two aspects: one is right-declaring, the other is supplying thecondition to the realization of right. Secondly, the author expounds that socialvulnerable groups have been given protection in a certain extent by law now.Finally, the author describes the scarcity of the protection of right. The authorpoints out the right security of SVG from legislation, judicature andadministering of law of our country is inadequate if we look it from theperspective of modern law and universal human rights, this is ultimatecausation that primary social groups in china are tending to be"disadvantaged". In the third part, contents for the way of rights protection of SVG are putforward. The foundation of protection of right of SVG is the ideas of rightsbased on the view of modern human rights. The reason for that rightsprotection of law is effective stresses on three aspects: firstly, legal right is aninstitutional way to divide resource. Secondly, legal right is a mode ofadjusting interests. Thirdly, rights protection is an effectualprotection. In the forth part of this article, theoret...