A Reserch On Legislation Protection Of The Disadvantaged Group In Social Transition

With the development of economy and transformation of the society, the problem of the disadvantaged groups becomes evident and significantly affects the stability and development of the society and becomes one of the key problem of sustaining development and achieving the well-to-doobject,so we should pay more attention to this problem.Tt possesses very important theoretical and realisticprotection significance of disadvantaged groups to study why people become disadvantaged groups,to analys the principle and mechanism of legal protection,and to probe into the problem of what should be protected.More than a decade in the past,the disadvantaged groups problem become the focal point of theoretical research gradually. The research about the disadvantaged groups is mainly to carry on research in terms of sociology and law science at present. Sociology probe into reason that general disadvantaged groups produce mainly, and seek concrete measure to solve the problem. Law science prove mainly the legitimacy of the general disadvantaged groups protect in terms of right. By the view of the origin that the disadvantaged groups produce, the disadvantaged groups can be divided into physiology disadvantaged groups and social disadvantaged groups. The physiology disadvantaged groups exist in any society and any historical period;the social disadvantaged groups mainly exist in the course of the transition of society.The disadvantaged groups produced in transition period in our country are mainly social disadvantaged groups,which includes peasant,farmers-turned-workers, urban poor people.they take the overwhelming majority of the population of our country,and they are the main body of the society of our country.But in the course of the transition in the society, they sink for the disadvantaged groups on the whole. However, nobody has reached the social disadvantaged groups specially in term of the transition in the society so far. Basing on such research state, this text set about with the relation of social transition and the production of the social disadvantaged groups produce, probe into the legislation protection of the social disadvantaged groups, and look for a feasible road in order to build the socialist harmonious society.Basing on other relevant reach, this paper combined methods of the analysis of integrating theory with demonstration and historical to study this problem. By investigation of the disadvantaged group produced in social transition of our country , this paper analyse the origin and essence that the disadvantaged groups produce;by comparison with the disadvantaged group produced in social transition and the disadvantaged group produced in normal social, this paper analyse the characteristic of the disadvantaged group produced in social transition,which make it meaningful for the reach of this paper; by analysis of the legal principle of the protect of the disadvantaged groups, this paper obtain the basis of the protection of the social disadvantaged groups;basing on the origin and essence and the characteristic of the disadvantaged group produced in social transition of our country, combining the legal principle of the protect of the disadvantaged groups, this paper analyse the principle and mechanism of legal protection that we should for the social disadvantaged groups,and try to design the content of legal protection.This text are divided into four parts to carries on theme research.Part one is the analysis on basic conception. Firstly, this part probe into intension of society transition., analyze the relation of social transition and social stratification,and come to the conclusion that social transition will lead to new social stratification,in the cause of shaping of the new social stratification,new disadvantaged groups will be produced,secondly,this part probe into intension and composition of the disadvantaged groups;finally, this part analyse the types of the disadvantaged groups and the relation of social transition and disadvantaged groups,point out that disadvantaged groups produced in the cause of social transition in our country is social disadvantaged groups.Unlike disadvantaged groups in normal social,they are produced by unjust system in the cause of social transition.. The main bodies of the social disadvantaged groups include three parts: Peasant, rural worker, urban poor people. Their proportion is very heavy, they are our country′s main colony of society, they are the target of this paper.Part two Investigate the disadvantaged groups of social transition. In the transformation period of our country, the main bodies of the social disadvantaged groups include three parts: Peasant, rural worker, urban poor people. Through investigation,we can make the answer of their origin, essence and characteristic, point out its origin can basically be summed up for two: one is the infringement of right of disadvantaged groups of the state power, which produce the disadvantaged groups artificially;another origin is the ignorance and non-performance of state power to disadvantaged groups, which leave along the production of the disadvantaged groups. One characteristic of disadvantaged groups is that their quantity is very heavy, takeing of our country overwhelming majority of population, without protect, we will can not realize the whole social well-to-do level and stability; Secondly, they belong to institutional disadvantaged groups, their" disadvantaged " are caused by unjust system, so long as the country realizes the rational distribution of the right, entrust to the social due right of disadvantaged groups, it is the disadvantaged groups that they can avoid becoming through one's own action.Part three describe the legal principle of the protect of the disadvantaged groups. Firstly,it describe the legal principle of the protection of the general disadvantaged groups, mainly expound the fact why the disadvantaged groups protected is proper in terms of equal right; Secondly, direct against two major origins which the social disadvantaged groups produce in transformation period of society of our country, prove the proper and necessity of legislation protection of the social disadvantaged groupsPart four analyze the concrete problem that the legislation of the disadvantaged groups protects in transformation period of the society. It analyze current situation and deficiency that the legislation to the disadvantaged groups of our country protects at present at first. Secondly, direct against the concrete reality of the social disadvantaged groups in transformation period of society of our country, describe the principle of legal protection, i.e. how to legislate. Finally,according to the reason that the social disadvantaged groups produce in transformation period of society of our country, discuss the content which the disadvantaged groups legislate to protect in transformation period of the society, i.e. what law should be stood.