On The Present Legal Protection Towards The Disadvantaged Groups In China

It is well known,the disadvantaged groups exist in any society,however,people did not realized the importance of legal protection towards them.During the period of China'society transition and reforming enforcement,problems of disadvantaged groups catches the attention of government and society.The protection relates not only to the society' justice but also to society's stability.Law,as a kind of regulators of social relations and a gauge of balancing society interests,only paying attention to the disadvantaged groups,can the harmonious development of every class and various community'interest realize,which can further promotes the stability and advancement of society.On the basis of the importance of legal protection towards the disadvantaged groups,this paper can be divided into the following six parts:The problems to be expounded,the present research state,the research approch and research significance are introduced in the introduction part.In the first part,the concept of disadvantaged groups has been elaborated,also,the relativity of it has been pointed out.The manifestation of it is "unprivileged",namely,their rights cannot be realized or the ineffective redemption does exsist when their rights was violated.It mainly includes such goups as senior citizen,the disabled,women and children, poor peopl in city and migrant workers at present stage.As mentioned above,this conception is relative,The implications may be different according to the different standards.In the second part,the value basis of legal protection towards the disadvantaged groups has been elaborated.The human rights is the key point of such protection,which is required by the equality of human rights.The implications and features of human rights have been firstly elaborated in this part.Human rights is the rights which people can or should not be deprived,it possesses such features of equality and conditionality.Each people should enjoy the equal human rights,however,its realization needs certain social conditions.The legal protection towards the disadvantaged groups is the value expression of the equality of human rights.,the true realization of such protection entails not only formal equality but also essential one.Formal equality takes an positive aspects in the legal protection towards the disadvantaged groups but its weak features are always covered,while the essential equality plays a correcting role in such protection and pays more attention to the real situation and the different system,which can consolidate the basis of such protection.In addition,it has the vital practical significance to our society' stable& sustainable development and the construction of harmonious socialist society when it refers to consummating the system of such protection.In the Third part,the present state of legal protection towards the disadvantaged groups has been expounded.There are still many problems,such as lack of feasibility,low level of legislation,although there are some stipulations on legal protection towards the disadvantaged groups in Constitution,and some laws®ulations from the perspective of legislation.many problems has benn exposed in the process of administrative law enforcement at implementation stage,such as lax implementation of laws,the crude law-enforcement and lack of supervision.The establishment of consummation on judicial rescue system is the main manifestation of the judicial protection towards the disadvantaged groups.The problem of judicial unfairness becomes prominen.The legal rescue system also waits urgently to be consummated.At present,legal protection towards the disadvantaged groups is still in the stage of formal equality.In the fourth part,the consummation of legal protection towards the disadvantaged groups has been elaborated,which is mainly concentrated in the legislative level: consummating the related laws,accomplishing systemization of the legislation on legal protection towards the disadvantaged groups,establishing and perfecting protection systems of basical laws towards the disadvantaged groups,consummating social insurance system and legislating on the basis of human rights.Legal protection system towards the disadvantaged groups is closely related to the implementation of law and some related social conditions.Therefore,the implementation principle and system should be established,administrative responsibility should be enforced.The philosophy of people-oriented should be awared,judicial corruptions should be punished in the judicial domainjudicial reform and comsummation of legal rescue system,perfection of social conditions economically and politically also are needed,other social regulatios and law awareness should be enhanced.Only holding the joint forces of laws and social conditions,can the expected effects be reached.On a whole,paying attention to the situation and legal protection towards the disadvantaged groups has vital significances.This is one of the significant aspects of socialist nations under the rule of law,also plays a positive role in the construction of a harmonious society.