Jurisprudence On The Protection Of Rights Of Social Vulnerable Groups

This article makes an attempt at studying on the protection of rights of social vulnerable groups from the view of right in the area of law. Since the reform and opening-up, the problem of social vulnerable groups has been becoming evident because of the constructive adjustment of social lamination resulted from the development of market economy. Only if the problems of social vulnerable groups bring into the view of law, and have been finalized into survival right and development right, social vulnerable groups can obtain the permanent and effective protection. This article wants to provide the jurisprudence explanation to the protection of rights of social vulnerable groups by defining the meaning of the protection of social vulnerable groups and by justifying the protection of rights of social vulnerable groups. And then we want to explore the mechanism of the protection of social vulnerable groups. The core views of this article are that right becomes the effective manner because of the strong and powerful morality support and institution form. The course of the development of right is the course that the right protection of social vulnerable groups is constantly strengthened. It is the core of the right protection of social vulnerable groups that guarantee the survival right and the development right of social vulnerable groups. The protection and respect for the rights of social vulnerable groups are based on the basic idea of human rights that the person's freedom and dignity is pursued and maintained in the modern society and that is the inherent demand of essential justice, which comforts to the principle of social justice, and promotes the continual development of society, at the same time it is that the legal humanism is reflected and conclusive evidence The innovations of this article reflect in several following aspects mainly: First, it is itself an innovation studying on the problem of social vulnerable groups with the view of right. Second, the article unfolds the meaning of "the protection of social vulnerable groups "from the outer and inner perspective both. Third, the course of the development of right is the course that the right protection of social vulnerable groups is constantly strengthened from the view of the history of right. Fourth, this article summarizes the different natures ensured to the protection of liberty, social right, and developmental right belonging to social vulnerable groups. Fifth, the article explores the mechanism of the protection of social vulnerable groups from the procedural and substantial perspective both. This article is composed by four parts altogether besides introduction and conclusion. The introduction includes three parts. First, we want to find access to this issue, which we think should be the difficulties of the rights of social vulnerable groups. What make social vulnerable groups "vulnerable"is not the reasons of themselves, but the disadvantaged status in enjoying right, realizing right and relieving right. So the article begins with the difficulties of the rights of social vulnerable groups and ends with the attempt to the establishment of the mechanism of the protection of social vulnerable groups. Second, we summarize the study condition of china on this issue, which makes us to beginat the place where others stop. Third, this part gives a outline of the core views and logic of the article, through which we describe a blueprint for the article. Chapter1 is the transition from the view of sociology to the Jurisprudence. The social vulnerable groups firstly is a sociological concept, and many sociological theories, such as social lamination theory, social function theory, social conflict theory, socially struggle for existence theory and so on all have studied the problem of social vulnerable groups from the different angles. Researching on the problem of social vulnerable groups, we must pay close attention to the right of social vulnerable groups, on one hand, which is decided by the characteristic of law, because law is the studying of the right; on the other hand, which is decided by the practical predicaments of the rights of them. The social vulnerable groups remain disadvantaged status in enjoying right, realizing right and relieving right. The study on social vulnerable groups in the view of law is more advanced because of the exertion of the method of norm and the method of value. In chapter 2, we unfold the meanings of "the protection of social vulnerable groups "from the outer and inner perspective both. From the outer perspective, the meaning of "the protection of rights of social vulnerable groups"is that "the protection of rights as a pattern". That is, it is a pattern of the protection distinguished with the pattern of policies and benevolences. The first connotation explains the course of the development of right is the course that the right protection of social vulnerable groups is constantly strengthened from the view of history. And also "the protection of rights as a pattern"has its inevitability because of the feasibility and superiority of the protection of rights. From the inner perspective, the meaning of "the protection of rights of social vulnerable groups"is "the guarantee of the human rights of social vulnerable groups". Human rights is the rights should be belonging to a person just because he is a person. Social vulnerable groups and the other socialmembers enjoy human rights equally and the special protection of social vulnerable groups'rights is ensured in the meaning by the human rights. Because the natures of liberty, social rights, and developmental rights belonging to social vulnerable groups are different, the natures of the guarantee to these rights are different too. The article summarizes that the guarantee of liberty is favorable, the guarantee of social right is preferential and the guarantee of developmental right is comprehensive. In Chapter 3, we justify the right protections of social vulnerable groups. The right is a kind of rare value thing and it means that the country and the people must undertake the corresponding obligation if we protect the right of social vulnerable groups, which are not self-evident and need the abundant theory demonstration. Different idea of right gives different answer to how to deal with the right of social vulnerable groups, so the idea of right is the theoretic prerequisite of justifying the protection of social vulnerable groups. "Right absolutism"that based on "deontology"advocates that right is supreme and can't be sacrificed for any reason. "Right relativism" that based on "teleology"maintains that right can be sacrificed in some condition such as for the collective welfare. The article emphasizes that we should pursue consentaneous belief of protection of social vulnerable groups, but not utile justification. The justification is unfolded in two aspects. One is that the protection of rights of social vulnerable groups is the respect to human beings. And the other is that the protection of rights of social vulnerable groups is the pursuing to social justice. In chapter 4,we make an attempt to study how to establish the mechanism of the protection of social vulnerable groups. Mechanism is a comprehensive concept including ideal, norm, organization and procedure, so we explore the mechanism of the protection of social vulnerable groups from the procedural and substantial perspective both. It includes: social vulnerable groups can...