Stigma Caused Legal Dilemma And Solution Exploration

The stigmatized is a widespread phenomenon all around the world. It is one part of cognitive classification system which is based on ethnic animal survival. In this sense,"stigmatized" is the method to achieve "my ethnic group (Ⅰ)" and "alien ethnic group (he)" as the consequence of cultural comparison borders so as to group internal identification, classification and implementation. However, under the background of the modern law ideas deeply into human idea, consequences of the stigmatized are with the opposite of the modern law ideas.In the process of analyzing the reasons of the stigmatized appearing, the author mainly use stratification sociology and social role theory, with the perspective of cultural anthropology theory, and combine about the special words, language violence and negative function of cultural theory by comprehensive analysis of the stigmatized history in order to explore the methods to solve this problem. Based on the reality of the stigmatized invading civil legal rights, the author define the stigmatized as " the process which different groups compete for interests, and putting disparaging and insulting labels on others, so as to compressing even deprivating suffered the stigma’s rights and interests". Then, the author make further analysis that the stigmatized violates the citizen’s personal dignity, living right, equal right and destroys the good law and order.In the tone of the thesis, the author choose migrant workers for example,who are the largest group of the stigmatized in the present. Arguments from the name of migrant workers approve the whole process of the stigmatized in the influence of all forces, such as government, urban residents and the media, which shows that farmers rights are destroyed in this stigmatized progress in turn, and briefly sums up the characteristics of farmers work. One purpose is echoing the above photograph, the other is to provide clues for below solutions.Last part of the paper is about solutions to the legal issues from the stigmatized, the author mainly made a discussion on three levels, and form the corresponding conclusion. One is the social digestion, such as social mobility; the second is using the positive function of culture, cultural reconstruction in order to build equal and justicial community relations; the third is using the power of the state, and promote the building of civil society, establishing and improving relevant laws and regulations in order to play the effect of "affirmative action"and the social control.