The Protection Of The Vulnerable Groups’ Rights In China’s Administrative Relief

Legal rights protection has been the axle center for operation and development of contemporary law. The history of contemporary law is to a large extent equivalent to rights guarantee development history. Rights guarantee has always been the inner motivation and critical thread in the develop course of modern legal system which has undergone a shift from formal rationality to procedural and substantive rationality,from majority interests first to minority rights security, from unilateral protection of domestic law to comprehensive protection system of international human rights. The essential way to implementation of rights protection is law.Short Plate Theory has told us that the largest volume is not decided by the largest rim but the shortest one. Compared to preponderant groups,vulnerable groups who possess less social capital,fragile in social influence,social competitive power,their own social bearing capability,and self-defend ability,are more likely to be infringed upon,especially the unlawful or even legitimized infringement from preponderant groups,which also determines that the crisis of social inequality,social contradiction, and social instability will break out from vulnerable groups in the first place. In other words,the issue on the vulnerable groups’ rights protection is actually short slab to the protection of all social groups. So the whole circumstance of rights guarantee of each social group is decided by the extent to the the vulnerable groups’ rights protection. And the administrative assistant system serves as fundamental institutional arrangement for protecting vulnerable group by various countries.In the field of administrative assistance,vulnerable groups’ rights guarantee has been arousing attention from all sectors of society,for instance,the First Case on the Discrimination to HBV carrier,the Case of Sun Zhi-gang,and the Dustbin Boy’s Death Case,nevertheless,the practical implementation of rights protection has not yet been achieved. As a result,a government,in a harmonious society,is supposed to take effective measures to guarantee legal rights of disadvantaged groups and attach great importance to the administrative assistance to rights security of vulnerable groups.The dissertation has elucidated and examined the existing issues of disadvantaged groups’ right guarantee in Chinese administrative assistance from three angles: the subject of right, the contents and its realization of concrete right and right relief. The following issues have been summarized:There are some confusions and disorders in identifying the right subject and limitation in subject scope;The related regulations of concrete right’s contents and its realization are over general;The ratio imbalance of substantial rules and procedural rules do exist;“Believe the letters and calls but not believe the law” in the course of right relief.Then it analyzes in depth the causes of the existing issues, based on which some solutions have been proposed to improve accordingly the substantial right, procedural right and right’s relief of disadvantaged groups in administrative assistance so as to safeguard in full-scope the related assistance rights of disadvantaged groups.