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Meditative And Lost In Time Of Rights

Posted on:2010-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2166360275960536Subject:Legal theory
Abstract/Summary:PDF Full Text Request
A series of matters referred to 'Xinfang',such as "there is no result for some legal cases," "entangled visit",seriously disturbed the work of the government order and social stability and harmony.In order to fundamentally solve the problems of 'Xinfang' in practice, it is meaningful to descripe the rights of elderly households in the status quo petition,analyze the situation to create the deep-seated reasons.'Xinfang' is the rights of citizens to express."the realization of the rights "is not only an important topic to realize the rights of the ultimate destination of the reality,but also manifests the social value and meaning of the rights.In this paper,from micro-perspective," the expression and realization of right during the process of 'Xinfang' ",is to rethink the rights of citizens,the right to inspect social culture to benefit the public power for the transition period on how to deal with the right to change the awareness of the diversity of practice and the right to provide the inspiration.As a result of the facts that the neighbor's unlawful building jeopardizes a peasant's interests,An ordinary Chinese peasant is to seek relief from the public power,and has been brutally suppressed,and thus embarkes on the road to seek 'Xinfang'.Faced the muddle in applying law in the process of 'Xinfang' and dominated by the power of logic mechanism,the relevant departments deal with the problems self-interest-oriented and have the belief that taking"powerful weapons to govern the weak",they take negative treatment to deal with citizens 'right to express,making 'Xinfang' puzzled,on behalf of the intervention force to break this deadlock,media for public opinion benefits the rights of the original petitioners and their demands can be achieved.However,years of experience to the petition were marked with a deep scar.the letter-writer or visitor takes their efforts to achieve the right to show the process of self-worth and regain the lost emotional outlook on life and ethics.The demands go beyond the rational limits of the rights of public authority derived from the concept of conflict.From the appraisal for the political needs of local governments who deal with the petition,local government negotiate with letter-writer or visitor,that is to say:Government provide other resources to realzie the aim that the letter-writer or visitor cantles the 'Xinfang'. Though letter-writer or visitor become village director,they can't not identity transformation.They still take the kind of logic to govern village.The 'Xinfang' is still popular in village.Reviewing the whole process of the case,the realization of the right is a process of social interaction.Realizing individuals's right must rely on the realization of the right from the concept of relative recognizeing its right,undertaking actively corresponding obligations.For the realization of civil rights in our country,the society is still a lack of such a consensus, which is represented by the grass-roots power of the public authority which lacks the consciousness to respect individul's right.the purpose is to safeguard the interests of the sector which has gone far beyond caring civil rights.Therefore,in letters and visitors,let everyone in the process to identify what their rights which should not be against the government,and violations of negotiations with the political organization in order to pay the high transaction costs,so,the phenomenon of "professional letter-writer or visitor" appears. The realization of civil rights in contemporary China is still a long road and is filled with difficulties,it should start to ponder"the ideal picture of Chinese law," to explore practice and form the right system with Chinese characteristics and apply them in practice,call for thinking and pursuing the fundamental legitimacy of the era for our own life.
Keywords/Search Tags:realization of right, 'Xinfang', Rights expression, Common cognition
PDF Full Text Request
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