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The Jurisprudence Analysis Of Decent Life From The Perspective Of People’s Livelihood

Posted on:2022-01-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:Q Y SunFull Text:PDF
GTID:1526306344482294Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Decent life is related to the bottom line of social morality and the manifestation of the government’s service function,but also to the realization of human dignity.Only when basic living conditions are obtained,basic material needs are met and appropriate living standards are obtained can people live a decent life in a social community and gain the recognition and respect of others.In today’s society where people’s livelihood is increasingly emphasized,it is of great practical significance to emphasize a decent life.The discussion of decent life is conducive to the improvement of people’s livelihood.From the perspective of legal theory,decent life can actually help us to find the welfare standard for people to enjoy the improvement of life.The first chapter discusses the content and legal connotation of decent life.On the material level,a decent life means a decent and dignified life,with people being able to obtain basic living security.From the spiritual level,on the one hand,it means that it is the life that the minimum individual thinks is worth living;on the other hand,it means that the basic social status is satisfied,and the basic respect from the social level can be obtained,and the life accepted by the general people.As far as the content of decent life is concerned,this paper examines it from the perspectives of ethics,sociology and economics.From an ethical point of view,the pursuit of a decent life is fundamentally an expression of human dignity.On the Maslow level of needs,we believe that the highest level of a decent life stops at the need for respect.Sociologically speaking,respectability is antithetical to discrimination and humiliation.On the contrary,a decent society means a society that does not humiliate people.On the positive side,a decent society is one that can be organized on the basis of the honor that everyone deserves.From an economic point of view,a decent life should abandon a GDP-oriented life in favor of a people-oriented,freedom-oriented life.As far as the legal connotation of decent life is concerned,it is firstly based on the establishment of the right to subsistence.In addition,from the perspective of individual dignity,the legal connotation of decent life also shows people’s independent choice.From the social point of view,decent life also manifests as decent work and professional dignity in the professional field.The second chapter discusses the legal basis of decent life,mainly from the theory of dignity,justice,protection of the weak theory.From the perspective of procedural dignity,a decent life requires that people should be regarded as the subject of initiative in legal procedures,as individuals with independent consciousness,and their procedural dignity should be protected.From the perspective of the dignity of results,decent life is embodied in the protection of the substantive dignity of individuals,which requires the specific rights of individuals to be free from hunger,hardship,disease,death,unemployment and so on.A decent life,from an external dignity point of view,requires respect for one’s social status;from an internal dignity point of view,a decent life involves treating one’s person as an end rather than a means.From the perspective of justice,decent life should adhere to Rawls’s principle of equality and freedom priority,and live the life that is worth living at the minimum level,otherwise the economic and material needs of decent life cannot be carried out.A decent life is as much about the process of distribution as it is about the results of distribution.On the basis of bottom-line needs,decent living should also be based on a fair distribution process.The weak are the focus of a decent life.The lack of material life of the weak leads to their lack of decent clothing and shelter.In order to survive,people live like beasts,without the brilliance of human beings,let alone the intrinsic value of human beings.The state and society have the duty to help the weak,but the principle of self-reliance and the principle of personal responsibility are the basic principles of civil society,and we should emphasize the self-reliance of the weak while emphasizing the help of the weak.The third part of the article discusses the institutional aspects of decent living.Social law is an important expression of the institutional aspect of the protection of a decent life.Social law is the general term of the laws and laws that protect the social relations such as the social security relations of natural persons,the protection relations of special groups and the social welfare relations based on the prevention and formation of the survival crisis.The important aspects of the legal process of integrating decent living into social law include three aspects:social security for the weak;Provision of social welfare;Help from the state and society.In addition,the institutional aspects of decent living are represented by a series of bundles of rights including:the right to an adequate standard of living;The right to health.Fair and good working conditions;The right to social security;The right to oppose discrimination runs through all aspects of the right to a decent life bundle.In terms of fairness and good working conditions,non-discrimination means equal opportunities for promotion.The universal application of the right to social security,etc.The fourth chapter discusses the practical aspects of the realization of decent life.First of all,the deficiencies in the protection of decent living in China’s current laws and systems are reflected in the following aspects:occupational dignity legislation and protection system is inadequate;The problems of narrow and backward rescue legislation exist in the legislation of social relief;The weak present the reality of marginalization;There is social discrimination under the urban-rural dual structure;The problem of insufficient basic social security.In view of these problems,we have discussed a series of solutions,including promoting employment and maintaining the professional dignity of workers;Perfect the medical security system for health protection;In view of the shortage of housing,we will deepen housing reform and promote the housing of the people.According to the requirement of ability development,the development of education should be emphasized.Fighting against social discrimination is an obligation that runs through all aspects of decent living.It is a much-needed aid,and the development of philanthropy is the icing on the cake.
Keywords/Search Tags:People’s livelihood, Decent life, Human dignity, The theory of justice, Social rights, Social law
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