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Problems And Suggestions In The Legislative Protection Of The Rights And Interests Of The Righteous

Posted on:2018-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhengFull Text:PDF
GTID:2336330518956449Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Chinese civilization for thousands of years,with a knife to help,courageous are considered chivalrous people's heroic move,has been respected by the moral and appreciation.This article holds that it is not necessary for the community to carry out a moral propaganda and appreciation only for the courageous people.We also need to legislate to protect the rights and interests of those who are righteous.This can promote the courageous behavior and make the courageous behavior The role of the harmonious development of the country.At present,although there are more and more local legislation to provide for the act of courageous conduct,which also has a lot of righteousness on the compensation and rewards and other terms,but from the national level,which is basically a blank area,so others encountered an emergency risk Circumstances,or a lot of people choose to turn a blind eye.People tend to people's indifference,numbness strongly condemned.Indeed,the behavior of righteousness is condemned by morality,but it can not be forced to require others to carry out the courageous behavior,the fundamental reason is that the current law on the protection of righteousness there are still a lot of loopholes,there are some courageous Because of the courageous behavior and let themselves suffer greater hardships and disasters,which makes more and more people can not easily implement the courageous behavior.In the face of this contradiction,we must perfect the law of courage and respect in China,and legislate to protect the legitimate rights and interests of those who are righteous and to avoid the worries of those who are courageous and to prevent the situation of "national indifference".This paper starts from the relationship between law and morality,analyzes the role of morality and law in the courageousness and courageousness,and starts from the exploration and perfection of the study of the departmental law,and draws the conclusion that the rights and interests of the righteous person should be clearly protected.To achieve the encouragement of courageous behavior,to assist the state to maintain social order and promote social harmony.The protection of the rights and interests of the righteous parties also involves the question of the duty of the brave and so on.This article studies the issue of the protection of the rights and interests of the righteous parties and puts forward relevant suggestions on perfecting the legislation.This article is divided into five partsThe first part is the introduction part of the article,this part of the article's topic background,research purpose and research significance,research methods were elaborated,and summed up the previous study,made a review,the final completion of the article A great effect.According to the status quo of China's current courageous situation and the situation of legislation,we choose to use this as the title of the paper,try to make a certain role in the situation of the country's view and the situation that the courageous person can not get relief can promote the state The establishment of the law for the construction of the rule of law building blocks.The second part is a systematic overview of righteousness,a detailed description of the concept,characteristics,type,and the damage done by the courageous person,which makes the concept of courageousness on the nature of the problem The description is a necessary step for the study of legislation,and only then can we make laws and regulations that are in line with the actual situation.The third part is the elaboration of the current situation of legislation at home and abroad at the present time.China's current stage on the rights and interests of the protection of the rights and interests of the legislation are more local laws and regulations,the existence of the problem is varied,these laws and regulations for the courageous behavior regulation is far from enough,some foreign countries related legislation Has been relatively perfect,the legislative experience of these places can be used for reference by China,in order to develop suitable for their own courageous relevant laws and regulations.The fourth part is about the necessity and feasibility analysis of the legislative perfection of the protection of rights and interests.Whether there is still controversy in the academic or academic circles,the state has not made clear whether or not to carry out specialized legislation.This paper starts from the relationship between law and morality,and analyzes the reasons why morality can not play a real protective role The protection of the rights and interests of the brave is the need to rely on the law to adjust the conclusions,and according to the current situation of the legislation to analyze the feasibility of legislation to obtain the righteousness of the rights and interests can be protected by legislation is feasible and necessary conclusions to make the article more Have integrity.The fifth part is an important part of the article,put forward some suggestions on the legislative protection of the rights and interests of the righteous,and put forward some precautions for the protection of the legislation,and expect to perfect the legislative protection of the rights and interests of the courageous.This article concludes with the following suggestions:the perfection of the legal norms is divided into two steps,the first step is to add the relevant provisions in the existing laws and regulations related to the protection of rights and interests,the second step is to establish the "People's Republic of China Rights and Interests Protection Law"To protect the legitimate rights and interests of courageous people,and promote the harmonious development of society.The innovation of this paper is that many scholars have studied this problem in depth,but the author has found that they have a single view of relief,and many of them choose from civil law Regulation,in the specific legislative model is also the existence of whether there is a special legislative differences.The author puts forward the following innovations through the research of the previous scholar's theory and the related analysis and thinking of his own:the first is the relationship between law and morality,and analyzes the rights and interests of the courageous The need for legislative protection;the second is in the improvement of legislation also choose two-step strategy to the phased approach,the first step is in the current conditions of the existing regulations in the relevant provisions of the courageous protection of the relevant The second step is to set up a special right to protect the rights and interests of the protection of laws and regulations,to carry out the courageous behavior,but also to the righteousness of the legitimate rights and interests of the system from a variety of protection.
Keywords/Search Tags:righteousness, rights and interests, legislative protection
PDF Full Text Request
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