Study On The Legislation Of Favorable Allocation Of Legal Rights

In order to protect the rights of marginal social groups or communities and to realize the justice, in recent years, the legislators in our country have often provided a particular party or parties with some extra regulations or some excessive protections in a method which was named “legislation of favorable allocation of legal rights”. Such legislation of favorable allocation of legal rights bad been made in China’s constitution, laws and other normative legal documents. And the contents of it involves protecting the rights of marginal social groups or communities and limiting the rights of the stronger groups. However, such legislation of favorable allocation of legal rights had some problems in the contents and the enforcement of the law, such as: status discrimination, moral hazard, to make rights lapsed and intensified social contradictions, and so on. And the reasons which caused to these problems were the simplification of definition of subject, improper limits of the legislation of favorable allocation of legal rights and the improper paternalistic legislation. In view of this, lawmakers should pay more attention to the following questions: the multi-level definition of subject, determine the limits of legislation of favorable allocation of legal rights and restrict the paternalistic legislation as well.