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Study The Legal Issues Of Government Responsibility To Protect The Disabled People's Survival Rights In China

Posted on:2011-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y PanFull Text:PDF
GTID:2166330332956399Subject:Constitution and Administrative Law
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There are human beings, there are disabled people. The disabled people are the vulnerable group of society that can not be ignored, their living condition is regarded as a important symbol between national economy development and the progress of civilization. The living right is the most basic and important right for the disabled people, and it is the right that any society must firstly attach to and any government must firstly protect. It is the obligatory responsibility for the government to protect the living right of disabled people.In terms of study on the issues about government responsibility to protect the disabled people's living rights, the author states this problem from the perspective of administrative law. Take service administration theory as the support from the perspective of administrative jurisprudence, the service administration is a new type of modern administrative law, the starting point and end point of service administration are to improve livelihood of people. and the modern government should the principal to supply citizens with "Survival Care" to provide positive service and supplement action. Provide positive service to care for daily life required for citizens, which is the center of modern administrative power. Equal citizens in general from the service and care that citizens should have rights. The service administration should be treated as the value orientation of administrative law, and the law must be priority. Modern administrative law requires the government to provide vigorous service measure to undertake service and the responsibility of benefits of citizens. The realization of this responsibility must be based on specific rights & responsibility and strictly practical legal norms rather than simple declarative content. The service administration requires the execution of administrative powers and functions must follow rational constraint of administrative obligation, the responsibility of the government shall be incorporated into the evaluation of the legal system, especially in administrative law, the law must be clear on evaluation criteria of government action. The service administration shall be under the control of the law, while the responsibility of the government in service administrative area is statutorily necessary requirement of law ruling construction. At present, the protection of survival rights of disabilities lacks of effective support from the government, shortcomings of the government's responsibility are reflected from current suffering situation of survival rights of disabilities and weak fulfillment of responsibility of the government. The primary reason lies in that positioning of the government's responsibility is unclear, and realization of the mechanism of government responsibility is confused, resulting in various shortages in the protection process of survival rights of disabilities. To fundamentally eliminate these deficiencies, the most fundamental way is to specify division of responsibility of the government and recognize them in the form of law, and the realization mechanism and relief mechanism of the government's responsibility as responsibility of the government is realized.This paper stems from this basic idea, and conduct analysis on the responsibility of the government in survival of disabilities protection in our country based on existing theoretical research and practical experience.The whole text discussed in three parts:In the first part, summarize the government responsibility to protect the disabled people's living right. During this part, firstly set up the disabled people's living right and define the content about the disabled people's right; Secondly, analyze the theoretical basis of government responsibility to protect the disabled people's living right, base on the service administrative theory with the perspective of administrative law and define that the government plays a leading position in protecting the living right of disabled people. Indicate the service administrative theory necessarily required to re-examine the government responsibility and put forward claim for the intension and content of government responsibility. The meaning of government responsibility turns the priority of authority into the priority of responsibility, that is to say, the government must firstly fulfill their responsibilities for protect the government responsibility to fulfill the law only give the government administrative authority. Authority should follow the rational constraints of responsibility. The content of government responsibility will also be changed. The government responsibility changes from unlimited to limited and its emphasis turns control into service. Finally, define responsibility position of government on the protection of the disabled people's living right.In the second part, fulfill the government's duty to protect the disabled people's living right in China. First, introduce the achievement fulfilled the government's duty to protect the disabled people's living right. Currently gain achievement also reflect that our government has gradually valued the protection problem about the living right of disabled people, and continuously make effort for that. Second, list the shortage that the government fulfill to protect the living right of disabled people. From the living right of disabled people suffering from the current situation and the government's duty fulfilling weakness also reflected the shortcomings of government's duty, this file torture for the system of current government's duty. Finally, analyze the reason that the government's duty fulfill inadequate to protect the living right of disabled people. The mainly is the awareness of government's duty, the dilution of service concept, the mechanism is not sound about the recognition of government's duty and the mechanism is imperfect about the achievement of government's duty.In the third part, improve the government duty to protect the living right of disabled people in China. Government should further improve the government's responsibility, in order to make government can be better and more practical to provide high-quality living care and service for the disabled people which is the most vulnerable group. First, improve the defined mechanism of government's duty to protect the living right of disabled people. Define government's duty according to law and put government's duty into legalization. Improve administrative organization and achieve that government's duty implement the main legalization during the protection of disabled people. Accelerate to formulate relevant legislation and achieve that government's duty fulfill standardized. Strengthen the system related to protect the living right of disabled people, and achieve the government's duty with institutionalized and systematic; Second, improve the achievement mechanism of government's duty to protect the living right of disabled people. Improve the administrative law mechanisms to protect the living right of disabled people and improve the government's duty fulfill the oversight mechanisms and accountability mechanisms; Finally, improve the relief mechanism of government's duty to protect the living right of disabled people. It considers introduction of litigation and establish sound body litigation of China. In addition, it should expand the remedy channel of civil servants who are pursued the administrative responsibility.
Keywords/Search Tags:Responsibility
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