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Collective Rights Jurisprudence

Posted on:2012-03-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z Y PengFull Text:PDF
GTID:1116330335966685Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Collective right-safeguarding is a regular social phenomenon, which happens as a result of people seeking their comprehensive and free development. Collective right-safeguarding is not an occasional phenomenon during the transformation of our society, which means the people want to participate in public affairs, and to regulate state power by social power for their rights with the public, economic, cultural, and social development. Collective right-safeguarding happens when the people try to solve their conflict of interests and express their appeal, while they have no a effective and feasible institutionalized way. Collective right-safeguarding of China is closely related to politic power. when the people have no effective way to protect their rights against the strong politic power, they often resort to collective right-safeguarding. Rights and interests is violated by politic power because it can't be controlled by legal institutions. Moreover, the economic and politic reform in China provide the environment, where collective right-safeguarding can happen or exist.Collective right-safeguarding,a legal action that people protect their rights or interests through assembly, demonstration, sit-in-silence, appealing to the higher authorities, etc, has its legality and legitimacy, as the admission of the legality of the current government provides the prerequisite, for the execution of the collective right-safeguarding. Furthermore, collective right-safeguarding can release social pressure, enhance people's self-consciousness, democracy consciousness and rule of law consciousness.When collective right-safeguarding happens, interest is often considered to be the direct driving force. When the public have their interests violated or to be violated by the government and can't protect themselves in an institutionalized way, they will resort to collective right-safeguarding in order to maximize their intersts. The reality is this uninstitutionalized way of protecting their rights, contrarily, damages the legal system, as the government forget to consider the construction of the legal system regulation how people protect their rights. Thus,it impedes the development of people's institution and procedure consciousness.If interests make the collective right-safeguarding become true firstly, then, for the people who make value choice on the basis of interest, value variance and conflict is the inner reason to make their choice. In the pursuit of happiness and comprehensive development, people attach more importance to the realization of self-value than to material and economic benefits. The different cognition between the people and government of security and efficiency, justice and efficiency, freedom and order, as well as the rule of law, constitutes the deeper people's causation to the collective right-safeguarding. This difference way influence people's acceptance of the present government, and undermine the political legitimacy of the current regime. Accordingly, it is important to seek a way to bridge the value variances and form consensus on the basic value with the government self-discipline as its precondition, civil society as its basis, public domain as its intermediary, consultation and communication as its form and democracy and rule -of-law as its guard, in order to address the problem of collective right-safeguarding and reconstruct the government authority. That people who should own the whole power can't exercise and control as an important cause for interest conflict or value variance in the current political and social environment of China indicates collective right-safeguarding is not only related to the people's livelihood but also the democracy. Though people pursue their economic interests by collective right-safeguarding way, their action shows they want to regulate political power, participate in public affairs and legislation. Collective right-safeguarding shows us that the self-consciousness and right consciousness of people is increasing, and the process of people protecting their rights is the process of learning more about democracy and shaping the basic requirement of regulating collective right-safeguarding by law.Collective right-safeguarding shows us the fact that the rule of law has some contradictions between the proctice and the theory, it is why collective right-safeguarding doesn't exist institutionalized. It is necessary for us to regulate the non-institutionalized collective right-safeguarding by law in order to maintain social order, improve the efficiency of act, and develop people's procedural consciousness. In order to regulate collective right-safeguarding by law, we must regard it as a system. When we construct a normative formation to collective right-safeguarding, we should base it on improving market economy legal system, perfecting democratic participation mechanisms, strengthening civil society construction,and developing civic virtue.
Keywords/Search Tags:Collective right-safeguarding, interests balancing, value variances, public participation, the rule of law
PDF Full Text Request
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