我国弱势群体权益的法律保护
发布时间：2018-10-20 08:19
【摘要】：当前我国市场经济迅速发展,社会结构转型、体制转轨,导致各种利益之间的相互博弈。原本就处于劣势地位的社会弱势群体规模在扩大、程度在加深,成为这一过程中最大的受冲击者。切实对弱势群体权益加强保护其意义绝不限于对弱势群体的施救,更是实现社会主义共同富裕目标的根本要求,是进一步明确我国人权理念,保证社会和谐稳定,彰显社会公平正义的宗旨所在。对弱势群体权益的保障程度及水平很大程度上也是一个国家综合国力的侧面体现。为此,我国立身法律层面,相继出台了诸多法律政策等,协同立法、司法、执法等部门,不断探究当前新形势的需要,争取弱势群体权益的切实维护。因为只有法律才是保护的最有效手段。本文也正是在法律视野下所进行的理论探究。分为四大部分,其主要框架和内容简介如下： 第一部分是有关弱势群体概念、构成和突出特征的基本理论的表述。其中通过对几种代表学说的分析评判得出弱势群体基本权利论的观点；进而通过对弱势群体构成理论的进一步探究,最终得出各类学说下弱势群体所共有的几点明显特征。深刻了我们对弱势群体理论的认识。 第二部分主要是弱势群体权益法律保护的价值理论,证明弱势群体权益保护的重要性。包括加强弱势群体权益保护是人权实现的必然要求；公平正义价值之需；和谐社会秩序维护之需；公众对公权力信任之需；最后提出只有法律才能使弱势群体保障落到实处。 第三部分是弱势群体权益法律保护的现状。包括我国当前在宪法、法律以及其他方面的立法保护以及司法机关为此说作出的种种努力和取得的成绩；也包括这个过程中基于各种现实因素所遇到的弱势群体权利得不到伸张的诸多障碍和这个过程中所显现出的立法、司法等环节的问题和不足。 第四部分是针对发现问题和不足所提出的完善性措施和对策。包括立法、执法、司法三方面的努力。以坚持立法所应坚持的几项基本原则和构建完整立法体系作为立法方面的重点；以强化政府依法履行职责的观念和完善相关执法制度作为严格执法的重要依据；以降低弱势群体诉讼的经济成本,提高司法的效率,加重有关机关该举证不举证或不完全举证的责任承担作为加强弱势群体的司法救助,实现真正的司法公正的重要举措。
[Abstract]:At present, the rapid development of market economy, the transformation of social structure and the transition of system lead to the mutual game between various interests. The scale of the disadvantaged groups in the society is expanding and the degree is deepening, and they become the biggest assailants in the process. The significance of strengthening the protection of the rights and interests of the vulnerable groups is not limited to the rescue of the vulnerable groups. It is also the fundamental requirement for realizing the goal of common prosperity of socialism. It is to further clarify the concept of human rights in our country and to ensure social harmony and stability. To show the purpose of social fairness and justice. The degree and level of protection of the rights and interests of vulnerable groups is also the embodiment of a country's comprehensive national strength to a great extent. Therefore, in order to protect the rights and interests of the vulnerable groups, China has successively issued many laws and policies, and cooperated with the departments of legislation, judicature, law enforcement and so on to explore the needs of the current new situation and to strive for the effective protection of the rights and interests of the vulnerable groups. Because only the law is the most effective means of protection. This article is also in the legal field of view of the theoretical exploration. It is divided into four parts. The main framework and content are as follows: the first part is the description of the basic theory about the concept, constitution and prominent characteristics of the vulnerable group. Through the analysis and evaluation of several representative theories, the basic rights theory of vulnerable groups is obtained, and then through the further exploration of the theory of the constitution of vulnerable groups, some obvious characteristics shared by vulnerable groups under various theories are finally obtained. Profound understanding of the theory of vulnerable groups. The second part is the value theory of the legal protection of the rights and interests of the vulnerable groups, which proves the importance of the protection of the rights and interests of the vulnerable groups. Including strengthening the protection of the rights and interests of vulnerable groups is the inevitable requirement for the realization of human rights; the need for fair and just value; the need for the maintenance of harmonious social order; the need for public trust in public power; finally, it is proposed that only the law can make the protection of vulnerable groups come true. The third part is the current situation of legal protection of the rights and interests of vulnerable groups. Including the current constitutional, legal and other aspects of legislative protection, as well as the efforts and achievements of the judiciary to this end; It also includes a lot of obstacles that the vulnerable groups' rights can not be extended on the basis of various realistic factors, and the problems and shortcomings of legislation, judicature and so on in this process. The fourth part is the perfect measures and countermeasures to solve the problems and deficiencies. Including legislation, law enforcement, judicial efforts. The emphasis of legislation is to adhere to several basic principles and to construct a complete legislative system, to strengthen the concept of the government to perform its duties in accordance with the law and to improve the relevant law enforcement system as the important basis for strict law enforcement. In order to reduce the economic cost of the litigation of the vulnerable groups, improve the efficiency of the judiciary, and aggravate the burden of proof, which is not proof or not complete, it is an important measure to strengthen the judicial aid of the vulnerable groups and to realize the real justice of justice.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D920.4
本文编号：2282581
[Abstract]:At present, the rapid development of market economy, the transformation of social structure and the transition of system lead to the mutual game between various interests. The scale of the disadvantaged groups in the society is expanding and the degree is deepening, and they become the biggest assailants in the process. The significance of strengthening the protection of the rights and interests of the vulnerable groups is not limited to the rescue of the vulnerable groups. It is also the fundamental requirement for realizing the goal of common prosperity of socialism. It is to further clarify the concept of human rights in our country and to ensure social harmony and stability. To show the purpose of social fairness and justice. The degree and level of protection of the rights and interests of vulnerable groups is also the embodiment of a country's comprehensive national strength to a great extent. Therefore, in order to protect the rights and interests of the vulnerable groups, China has successively issued many laws and policies, and cooperated with the departments of legislation, judicature, law enforcement and so on to explore the needs of the current new situation and to strive for the effective protection of the rights and interests of the vulnerable groups. Because only the law is the most effective means of protection. This article is also in the legal field of view of the theoretical exploration. It is divided into four parts. The main framework and content are as follows: the first part is the description of the basic theory about the concept, constitution and prominent characteristics of the vulnerable group. Through the analysis and evaluation of several representative theories, the basic rights theory of vulnerable groups is obtained, and then through the further exploration of the theory of the constitution of vulnerable groups, some obvious characteristics shared by vulnerable groups under various theories are finally obtained. Profound understanding of the theory of vulnerable groups. The second part is the value theory of the legal protection of the rights and interests of the vulnerable groups, which proves the importance of the protection of the rights and interests of the vulnerable groups. Including strengthening the protection of the rights and interests of vulnerable groups is the inevitable requirement for the realization of human rights; the need for fair and just value; the need for the maintenance of harmonious social order; the need for public trust in public power; finally, it is proposed that only the law can make the protection of vulnerable groups come true. The third part is the current situation of legal protection of the rights and interests of vulnerable groups. Including the current constitutional, legal and other aspects of legislative protection, as well as the efforts and achievements of the judiciary to this end; It also includes a lot of obstacles that the vulnerable groups' rights can not be extended on the basis of various realistic factors, and the problems and shortcomings of legislation, judicature and so on in this process. The fourth part is the perfect measures and countermeasures to solve the problems and deficiencies. Including legislation, law enforcement, judicial efforts. The emphasis of legislation is to adhere to several basic principles and to construct a complete legislative system, to strengthen the concept of the government to perform its duties in accordance with the law and to improve the relevant law enforcement system as the important basis for strict law enforcement. In order to reduce the economic cost of the litigation of the vulnerable groups, improve the efficiency of the judiciary, and aggravate the burden of proof, which is not proof or not complete, it is an important measure to strengthen the judicial aid of the vulnerable groups and to realize the real justice of justice.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D920.4
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