On The Judicial Remedy For Vulnerable Groups

During the course of China's transition from a traditional agricultural society to a modern industrial society, a great number of social vulnerable groups have appeared. Under the model of the market as the leading factor of distributing resource, the appearance of the social vulnerable group is certain. This thesis, taking the current Chinese society as it's background, based on the definition of the sociology, and through the analysis of the original cause of formation and characteristic of the social vulnerable groups, explains the characteristic that the rights of vulnerable groups are easy to be infringed. The author pointed out that the most vulnerable group is deserved the strongest protection. Judicial relief, as a means of public relieves, is based on the forcing strength of country. Therefore, it is the strongest means to protect the rights of the vulnerable group. And then, the thesis, taking the right of action as the thread, jurisprudentially analyses the reasons of the insufficiency of the judicial relief of the vulnerable group. They are the factors as follows. The law is scarce in being sued, which made some rights unable to be protected. The author called this vacuum of right of action. Second, the legal discretion confined, to some extent, the right of action of the vulnerable group. Third, the defects of the legal system created difficulties for the application of the right of action for the vulnerable group. Forth, the cost of the judicial relief made the vulnerable group afraid of using it. The last, the application of the right of action need certain legal consciousness which the vulnerable groups lack of. Accordingly, the author outlined some separate schemes, and on the ground of the analysis of actuality of the judicial relief of the vulnerable group, the author justified their values, meanings and rationality.