On The Ill-Priviledged And The Protection From The Angel Of Human Right

China is facing a prominent social problem for the time being, that is the problem about the ill-privileged. Because of the large amount of the ill-privileged, lots of social contradiction has arrived in our country. So whether this problem can be solved properly is related directly to the stability of our society. Thus it has become the focal point all over our country in recent years, and many researchers who come from these fields, such as sociology, economics, law and so on have shown their common interest in this aspect. And these researchers have put forward lots of advice to solve the problem according to their research. In this thesis, the problem about the ill-privileged has been put in the field of law to research from the angle of human right. In the field of vision of human right, the ill-privileged are the subject of human right, but they cannot make their rights carry out from deservedly to lawfully to factually. So the ill-privileged is"disabled subject of human right". And the ill-privileged must have their human rights, but because of the lack of the safeguards from themselves, the society and the government, they can't make their rights carry out from deservedly to lawfully to factually, too. So the human rights of the ill-privileged are disabled human rights. The human rights of the"disabled subject of human right"should not be"disabled human rights". Thus we should protect the ill-privileged and their human rights, and make the"disabled subject of human right"be not"disabled human rights".This thesis has been divided into three parts. The first part is about the concepts of the ill-privileged and human right. Beginning with the concepts of them, the implication of the two conceptions has been interpreted simply.The second part is about the ill-privileged in the field of vision of human right. In this part, we mainly research the human-right qualification and the conditions of the human right of the ill-privileged. Beginning with the angle of deserving, the thesis points out that the ill-privileged is the subject of human right and they should enjoy their own human rights. And then the thesis researches the point of view about the ill-privileged is"disabled subject of human right"and the human right of the ill-privileged is"disabled human rights", starting with the angle of the transferring of human right from deservedly to lawfully to factually.The third part is about the exploration of the safeguard for the ill-privileged. Centering on"disabled subject of human right"should not enjoy"disabled human rights", the thesis responds correspondingly the problem of the safeguard for the ill-privileged. There are two strains of thought: one is to explore such kind of system which can get"the disabled subject of human right"carry out their human rights. That is to say, we try to find different kinds of conditions to help"the disabled subject of human right"carry out their rights perfectly in the life. And then, in order to achieve this goal, this thesis points out that we can do it according to make use of the system of democracy, overcome the shortcomings of the system of democracy and treat the ill-privileged with reasonable differentiation. Another one is to explore a system of relieving for"the disabled human rights"of"the disabled subject of human right". That is to say,"the disabled human rights"of"the disabled subject of human right"have been disabled, but we should take measures to relieve their"disabled human right", thus"the disabled subject of human right"can enjoy their actual human rights. This thesis has selected the most proper one from the three modes of relieving. The thesis regards relieving their rights according to the public authority as the best. And then the thesis points out that to carry out the relieving of human right for the ill-privileged, two suit systems, constitution-relieving and constitution right-safeguarding should be used.