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Legal Protection Towards The Disadvantaged Groups’ Right And Interesits In China

Posted on:2013-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:P P WuFull Text:PDF
GTID:2246330374981832Subject:Law
Abstract/Summary:
The rapid development of Chinese market economy, the transformation of social structure and institutional transition result in the gaming of various interests. The disadvantaged groups in society are growing in size and deepening in degree, becoming the most impacted groups. The meaning of strengthening the effective protection of the disadvantaged group is not limited to the rescue of them, but also is the fundamental requirement of the socialist common prosperity goals and further clarification of the concept of human rights in China, the insurance of social harmony and stability, and the highlight of social justice purpose. Level of protection of the rights and interests of the disadvantaged groups largely embodies the country’s comprehensive national strength. To this end, from the legal prospective, China has issued a number of legal policies, collaborated with legislative, judicial, law enforcement and other departments and continuously explored the current needs of the situation, and strived to effectively safeguard the interests of the disadvantaged groups, because only law is the most effective means of protection. This article is theoretical exploration from the legal perspective which is divided into four parts and the main framework and contents are as outlined below:The first part is the basic theory about the concept, constitution and prominent features of the disadvantaged groups. The viewpoint of basic rights of the disadvantaged groups is drawn through the analysis and judgment of several representative doctrines, and ultimately a few obvious features shared by disadvantaged groups in all kinds of doctrines are arrived at through further exploration of the theory of the disadvantaged groups, deepening our understanding of the theory of the disadvantaged groups.The second part is mainly about the legal value and importance of protecting disadvantaged groups, including that, to protect the interests of disadvantage groups is the inevitable requirement of realizing human rights, and the necessity of achieving fairness and justice, maintaining the order of harmonious society and making public power trusted. At last, this part puts forward that only the law could be valid to protect the disadvantaged. The third part gives us a picture of the status of legal protection toward disadvantaged groups, listing protection measures in constitutions and the law and other ways by legislation, showing achievements that judicial authorities have already got in this field, and also presenting some issues which come out in reality.In the fourth part,we will put forward some safety measures and Countermeasures,during the three part strive-Legislation, Law enforcement and Justice. We shoud regad the basic principles and the construction of lgislation system as our main points; and the important basis guiding the law enforcement throw strengthing the government’s ideas,to reduce the cost of litigation,and to improve the judicial efficiency. At the same time, Strict liability for no or less burden is good for the Judicial justice.
Keywords/Search Tags:Disadvantaged group, Legal rights and interesists, Limitation of therights, Legal protection
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