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Legally Cultural Analysis On China's Mass Incidence

Posted on:2011-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2166360305976568Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China's mass incidence is fundamentally caused by people's internal contradiction, the mass think that they will convey their desire, present their questions and connect,assemble in the process of fermentation and forming by some activities such as illegal assembly and containment when their own rights have been encroached in order to protect their own legal rights. Right now China's legal relief system can not be enough to protect social vulnerable group's rights, therefore the activities caused by the disadvantaged are their behaviors they have to do.Legally cultural analysis on China's mass incidence regards such legal phenomenon as cultural phenomenon and makes use of cross subject model to analyze visible behaviors and invisible mindset. Explanation of visible behaviors by mass incidence employs social capital theory to interpret behavior of the weak who multiply their own social force by assembly, at the same time, make use of economic cost theory to analyze the effect which social vulnerable group's assembly decrease their own lawful cost, increase the opposite lawful. Application of arbitrator in game theory indicates the necessary choice of the weak, prison dilemma model shows mass incidence's behavior orientation, theft model shows the importance of mass disturbance. Different level analyzes visible behavior. Internalization lawful mindset by mass disturbance are divided to legal feeling, lawful mind and lawful axiom, lawful feeling in mass incidence shows group's disbelief on law, lawful mind shows that media's help is more important than court, power more than law, lawful axiom shows that law can not blame for the mass, these spur the happening of mass incidence.It is true that mass incidence has its own social damage, but it still shows its positive meaning. Reflection on government's constitution in mind of lock shows the transition from private power remedy to public power remedy,Mass incidence caused by social vulnerable group is still back on the track from public power remedy to private power remedy.
Keywords/Search Tags:mass incidence, social vulnerable group's fighting for their rights, visible behaviors, Internalization lawful mindset
PDF Full Text Request
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