A Study On The Legal Protection To The Vulnerable Groups In Ancient China

Vulnerable groups are common social phenomenon in every stage of development of human history,no matter which country in the world.In the broadest sense,the strong and weak opposition is inevitable as long as there is the existence of society,as long as there is difference between people.Since the founding of the People's Republic of China,China's legal system gradually get perfected,but at the same time accompanied by the production of many social contradictions,and gradually expand the scope of vulnerable groups is one of the most prominent problem.This thesis mainly through the study to vulnerable groups of ancient and contemporary Chinese legal system to get a better understanding of the ancient legal system and to get its advantages and shortcomings Through the contemporary Chinese legal protection of vulnerable groups,analysis of the current situation of contrast in ancient China,from the ancient to the reference system of vulnerable groups.In this paper,the text is divided into the following several parts:The first part is introduction,including the study of theoretical significance and practical value,the research in the field of domestic and foreign present situation,the connotation and classification of social vulnerable groups.The second part is the specific thought origin of ancient Chinese legal system to disadvantaged groups.Any legal system has its specific thought origin,the ancient Chinese thought origin of treating system of vulnerable groups consist the following four aspects: in the western Zhou dynasty the awakening of grief consciousness,corresponding to heaven with morality,Confucius' heaven to humanity to treat people by heart and Mencius' s theory of compassion.The historical development of being kind to vulnerable groups in ancient China's legal system divides into four stages: stage of coming about,the western Zhou dynasty;Development period the Han dynasty;Mature stage the Tang dynasty;Perfecting period,Song Ming and Qing.Change after treating system for vulnerable groups in ancient China history research,we found from the western Zhou dynasty to the Qing dynasty,protection of vulnerable groups includes the government's general policy and in the process of judicial assistance,the judicial relief is divided into two kinds of criminal and civil relief aid.The fourth part is the practice of treating the disadvantaged groups in ancient China.The author analyzes how the ancient Chinese magistrates tend to protect the vulnerable groups from the perspective of the case.From the comparison of two cases of one room and two sells,we can see that the same case is different The reason for this is whether one party has a vulnerable group,and a few cases to illustrate the ancient China practice is mainly for the widows and the solitary and disabled treat.The fifth part is the legal protection system of the vulnerable groups in contemporary China.The ideal foundation of the legal protection system of the contemporary vulnerable groups is the western humanism appeal,the social justice and the fair,the substantive equality.At present,China's legal protection of vulnerable groups in the system design mainly in the legislative and legal protection of the two aspects.The legal protection of vulnerable groups in contemporary China still has great shortcomings.The ancient Chinese system of treatment for vulnerable groups has been tested for thousands of years,and can still give inspiration to the current law: protection of vulnerable groups must be protected through the establishment of perfect rights The implementation mechanism;to a certain extent,give vulnerable groups vulnerable groups broader criminal protection;play the leading role of the government to encourage and develop public funds and other social groups.