The Legal Analysis Of "Tyranny Of The Majority"

In the democratic system,when the power of the majority is not restricted and the trend is absolute,the possible result is a violation of the legitimate rights and interests of the minority,which is the "tyranny of the majority".This phenomenon reflects the imbalance of rights protection between the majority and the minority,which is closely related to the unsound development of democracy,and the academic debate has not stopped.Tocqueville,the founder of modern democratic theory,had a systematic focus on "tyranny of the majority".In Tocqueville's view,the "tyranny of the majority" in the field of political and social thought is not the negation of the democratic system,but the effective means to overcome the disadvantages of democracy,to promote the healthy development of democracy and to guarantee the rights of the people.In this paper,the" tyranny of the majority" is on the basis of summarizing the predecessors' theory,combined with the changes of contemporary society and the development of democracy,to analyze the contemporary "tyranny of the majority",it is concluded that the "tyranny of the majority" will not die with the development of democracy,but would show different manifestations with the continuous development of society.Today,"tyranny of the majority" is likely to occur in the political,economic and social spheres.Compared with the past,the biggest change in the "tyranny of the majority" is mainly the transformation from the political field to the social domain.Tyranny in the social domain is not only the tyranny of social thought,but also the decision-making aspect of action.This new type of change should be taken seriously.Redefining the new form of "tyranny of the majority" has important theoretical and practical value for our study and perfect democracy.It is necessary to analyze that origin of the form of "tyranny of the majority",and put forward the effective measure to solve the "tyranny of the majority",which can be guarantee by the rule of law,human rights,procedure and society.By limiting the scope of application of majority voting rules,granting certain rights to minorities,and appropriately drawing on the beneficial results of deliberative democracy,cultivating civil society and guaranting the constitutionality of democracy,etc.We should balance the relationship between the majority and the minority and protect the rights and interests of the people from the aspects of law,rights and procedures.At present,there have been many cases of "tyranny of the majority" in our country.Therefore,"Tyranny of the majority" has some explanatory power to analyze China's problems.