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On The Legal Protection Of Vulnerable Groups

Posted on:2008-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:P ChenFull Text:PDF
GTID:2166360215950738Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Vulnerable groups exist in large quantities, which indicate that China's social polarization phenomenon has become increasingly serious. And it has become an obstacle to the realization of social justice, which has affected the social stability and development. These phenomena have attracted the wide social attention. Therefore, research on China's contemporary disadvantaged groups and building social support networks, particularly those in the legal protection mechanism is of great practical significance.From a humanitarian point of view, the legal right of vulnerable groups for special protection, which is humanitarian care for them. The reason for the special protection of disadvantaged groups in society is that they are in a lower relative competence compared to other groups. In the non-reciprocal state, the disadvantaged groups are often unfairly treated and their rights are trespassed unreasonably. Therefore, the government and the society must give vulnerable groups more protections, namely "the state should offer the national minimum life of a human being as the application of safeguards."From the legal point, the essence to protect vulnerable groups is the embodiment of the Constitution and the law principles of fairness and equality, which is the concrete implementation of legal just essence. Justice includes substantive justice and formal justice. "Everyone is equal before the law" is just a typical form of expression, but we must see that every person in the talent and ability, character of the overall ability is different and the only formal equality may be the very unequal result, which is not a rational human development objective. Therefore, in the form of an equal basis, we must give the vulnerable groups differentiated tilt protection, just to correct the form of inadequate legal and embody the pursuit of real justice.In short, improving the legal system of the protection of vulnerable groups, which will play a fundamental role for our country to improve the situation of human rights, economic development, market economic system establishment and improvement of the rule of law and setting up etc. In this paper, value analysis, empirical analysis and normative analysis will be used to study on vulnerable groups. We will analyze the vulnerable groups first, and then elaborate the legal basis of legal protection of vulnerable groups, and how to give vulnerable groups in our society the protection of legislative and judicial protection. Provides some related legal analyses and the legislation, the judicial protection theory support take the time as vulnerable community this question.
Keywords/Search Tags:vulnerable groups, justice, equality, human rights, legal protection
PDF Full Text Request
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