弱势群体权利保障的法律机制研究
发布时间：2018-08-28 06:58
【摘要】：随着社会的快速发展,社会阶层的分化,贫富差距的加剧,原有弱势群体规模在不断扩大的同时,又催生了新的弱势群体,这势必激化社会矛盾,从而阻碍和谐社会的构建。由于当前社会正处于转型期,所以弱势群体的存在不可避免,若是对弱势群体的存在放任不管、随之任之,这将不利于社会稳定,也违背我们长久以来所信奉的公平正义等价值准则。所以从法律的视角研究社会弱势群体,就具有重要的理论意义和现实意义。弱势群体的存在是一个不争事实,其他学科对该群体的研究都是从其表面特征入手,并未能从根本上揭示弱势群体产生的根源,从而也就难以提供根本性的办法来改变弱势群体境遇。而法学以其独特的专业视角,从深层次上对弱势群体进行研究,进而提出该如何对待社会弱势群体,并给出切实可行的保护方法。这里以社会学对社会弱势群体的研究为前提,提出法学视野下弱势群体的概念,并从权利的角度对这一概念进行剖析,进而明确提出法学视野下的弱势群体是一个权利缺失的群体。同时从现代人权观、平等观的角度,探讨弱势群体法律保护的必要性,进一步论证保护社会弱势群体的根本途径是维护其法律权利。由于权利的缺失必将会导致弱势群体在参加社会竞争时处于不利地位,恶化其生活及生存现状,因此必须从立法、执法及司法方面对其进行救助和保护。在阐释了弱势群体的相关概念后,文章介绍了大陆法系和英美法系中几个典型国家对弱势群体权利进行法律保护的经验,为我国法律保障机制的构建提供了参考模式。最后对我国现行弱势群体权利法律保护机制进行了初步分析,并指出其中存在的问题,进而对弱势群体权利法律保护机制的完善提出了建议。
[Abstract]:With the rapid development of the society, the differentiation of the social stratum, the aggravation of the gap between the rich and the poor, the scale of the original vulnerable groups is expanding constantly, and at the same time, the new vulnerable groups have been spawned, which is bound to intensify the social contradictions and thus hinder the construction of a harmonious society. As the current society is in a transitional period, the existence of vulnerable groups is inevitable. If the existence of vulnerable groups is left unchecked, it will not be conducive to social stability. It also runs counter to the values of fairness and justice that we have long believed in. Therefore, it is of great theoretical and practical significance to study the social vulnerable groups from the perspective of law. The existence of the vulnerable group is an indisputable fact, and the research on the vulnerable group by other disciplines is based on its surface characteristics, and fails to reveal the root cause of the vulnerable group fundamentally. Thus, it is difficult to provide a fundamental way to change the situation of vulnerable groups. With its unique professional perspective, the law studies the vulnerable groups from a deep level, and then puts forward how to treat the social vulnerable groups, and gives practical protection methods. Based on the study of social vulnerable groups in sociology, this paper puts forward the concept of vulnerable groups from the perspective of law, and analyzes the concept from the angle of rights. Furthermore, it is pointed out that the weak group in the field of law is a group with missing rights. At the same time, from the view of modern human rights and equality, this paper discusses the necessity of legal protection of vulnerable groups, and further demonstrates that the fundamental way to protect social vulnerable groups is to safeguard their legal rights. Because the lack of rights will inevitably lead to the disadvantaged groups in the social competition, deterioration of their living and living conditions, so we must from the legislative, law enforcement and judicial aspects of their assistance and protection. After explaining the related concepts of the vulnerable group, the article introduces the experiences of several typical countries in the continental law system and the common law system to protect the rights of the vulnerable groups, which provides a reference model for the construction of the legal protection mechanism in our country. Finally, the author makes a preliminary analysis of the current legal protection mechanism of the rights of the vulnerable groups in China, points out the existing problems, and puts forward some suggestions for the perfection of the legal protection mechanism of the rights of the vulnerable groups.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.182.3
本文编号：2208637
[Abstract]:With the rapid development of the society, the differentiation of the social stratum, the aggravation of the gap between the rich and the poor, the scale of the original vulnerable groups is expanding constantly, and at the same time, the new vulnerable groups have been spawned, which is bound to intensify the social contradictions and thus hinder the construction of a harmonious society. As the current society is in a transitional period, the existence of vulnerable groups is inevitable. If the existence of vulnerable groups is left unchecked, it will not be conducive to social stability. It also runs counter to the values of fairness and justice that we have long believed in. Therefore, it is of great theoretical and practical significance to study the social vulnerable groups from the perspective of law. The existence of the vulnerable group is an indisputable fact, and the research on the vulnerable group by other disciplines is based on its surface characteristics, and fails to reveal the root cause of the vulnerable group fundamentally. Thus, it is difficult to provide a fundamental way to change the situation of vulnerable groups. With its unique professional perspective, the law studies the vulnerable groups from a deep level, and then puts forward how to treat the social vulnerable groups, and gives practical protection methods. Based on the study of social vulnerable groups in sociology, this paper puts forward the concept of vulnerable groups from the perspective of law, and analyzes the concept from the angle of rights. Furthermore, it is pointed out that the weak group in the field of law is a group with missing rights. At the same time, from the view of modern human rights and equality, this paper discusses the necessity of legal protection of vulnerable groups, and further demonstrates that the fundamental way to protect social vulnerable groups is to safeguard their legal rights. Because the lack of rights will inevitably lead to the disadvantaged groups in the social competition, deterioration of their living and living conditions, so we must from the legislative, law enforcement and judicial aspects of their assistance and protection. After explaining the related concepts of the vulnerable group, the article introduces the experiences of several typical countries in the continental law system and the common law system to protect the rights of the vulnerable groups, which provides a reference model for the construction of the legal protection mechanism in our country. Finally, the author makes a preliminary analysis of the current legal protection mechanism of the rights of the vulnerable groups in China, points out the existing problems, and puts forward some suggestions for the perfection of the legal protection mechanism of the rights of the vulnerable groups.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.182.3
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