Judicial Relief Of The Rights Of Chinese Vulnerable Group

Under the environment of market economy, the appearance of the social vulnerable group is certain. The research of the social vulnerable group has just started in our country, while it is not a new problem abroad. Now, in China, the definitions of vulnerable group vary and it is difficult to decide which one is right. The author plans to make a deep discussion on the judicial relief of vulnerable group on the foundation of making a clear concept of vulnerable group.This text divides into three parts wholly.The first part is definition and analysis of the vulnerable group. If someone wants to demonstrate and illuminate in theory he must make the concept clear. But at present, the use of concept of the vulnerable group is confused in different subjects and even in the same subject. The author thinks, in order to grasp the concept correctly, we should begin our study from the field of sociology, in which the problem of the vulnerable came into being at first. On the base of unanimous opinions on the extension of the vulnerable group in sociology, the author, according to theories of social structure and social layer-division, pointed out that the vulnerable group is the bottom group of society, said specifically the vulnerable group is the workers, peasants and jobless, unemployed, or part-time unemployed person, who have no or few sources of organization, economy and knowledge, living in poor and lacking job security. The author differentiated the vulnerable group and the relevant concepts by this definition. The author claimed we must insist on the standard of "possession volume of comprehensive resource", if we want to grasp the precise meanings of the vulnerable group. Therefore, we should exclude the weak and the minor people such as old men, children, women, disabled persons, consumers, ethnic minority, homosexual persons, and transsexual persons from vulnerable group. Hereto we finished the confining of extension of the vulnerable group further. At present, the vulnerable group in our country has its own characteristics: weak in force and ability, numerous in the number, complicated causes of formation and antisocial in some degree. So we should pay attention to giving more care to the vulnerable group, such as the relief of the rights, and the improvement of their position and so on, instead of suppressing and abandoning, otherwise we can only aggravate the deviation between the vulnerable group and the society. The second part of thesis is theoretically justifying of judicial relief of the vulnerable group. In this part, the author carried on an investigation in the vulnerable group and the judicial relief with an analytic tool of rights, and established the argument that the vulnerable group desiderates the judicial relief. First of all,the rights of the vulnerable group can mainly be divided into two parts, namely ordinary rights and social rights. The former was shared by the vulnerable group and other people; the latter is the relief measures of reverse discrimination which is implemented against to the vulnerable group lonely. No matter the ordinary rights or social rights of the vulnerable group are as proper as the rights of other people. They both should be made into realities adequately and protected by law. Secondly, the rights of the vulnerable group are very fragile, as its few resource possession, the poor degree of realization of rights such as rights to live, labor rights, educational rights, rights to know and suffrage rights. And these rights are also extremely apt to suffer from the country, power organs and other strata. So, the vulnerable group starves for various kinds of measures to protect and relieve rights. Among these measures, judicial relief is not universal, but it is the final means to protect rights as the last loop of law operation, and it is the strongest means to protect rights as it bases on the forcing strength of country, and it is also the most fair means to protect rights as it is umpired by a judge according to neutral procedure, and it is the most exempl...