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The Constitutional Protection Of Rights Of Vulnerable Groups

Posted on:2014-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:J YuFull Text:PDF
GTID:2266330425456199Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
"Vulnerable groups" also known as the underlying groups or vulnerable groups, long-term since our country does not officially recognise this concept, more is the use of the word "difficulties of the masses", until2002March Premier Zhu Rongji "government work report" for the first time the use of "vulnerable groups" of the word, then, our country began to vulnerable groups as a specific object of the special protection of the process. The existence of vulnerable groups is a common phenomenon in the world, in our country at first this term did not cause the attention of people, until recent years, rapid transformation of the rapid development of market economy and social structure has caused many social problems, resulting in a large number of social vulnerable groups, and they just one principle runs through it all. And our country the goal of building a harmonious society at odds, more importantly, vulnerable groups problem cannot be well solved, the harm will be with the development of society and become more complex and changeable. Therefore, the scholars with different methods from different angles on vulnerable groups launched a widely studied and discussed. In view of vulnerable groups has the relativity and uncertainty, no matter from which angle to define all can into the statements of a school, here we mainly from the perspective of law to define the vulnerable groups. The protection of the rights of the constitution is the fundamental way based on the guarantee of citizens’basic rights, is to protect the people’s basic right of the Bible, to concern about protection of the rights and interests of vulnerable groups from the perspective of the constitution, the construction of a harmonious society in China and has very important significance to perfect the interests of vulnerable groups protection mechanism.The text is divided into four parts:The first part:introduces the basic connotation of vulnerable groups and the causes of, respectively, from two angles of sociology and law. Then, through the analysis of the concept of vulnerable groups and causes, and lay the foundation for the following in-depth research.The second part:from the perspective of the Constitution on the legitimacy of protection of the rights and interests of vulnerable groups, mainly from the Constitution itself about, fully embodies the protection of vulnerable groups in logic is able to prove, is "right", humanitarian, fraternity and other basic value idea, has the morals, is "good", the constitutional protection of the rights of vulnerable groups is the basis of legitimacy.The third part:Based on the comparative study of the foreign vulnerable groups rights constitutional protection system, fully affirmed in the constitution of our country has to guarantee the basic rights of the vulnerable groups result at the same time, pointed out that China’s constitution guarantees the rights and interests of the weak still exist many problems to be solved.The fourth part:Based on the existing constitutional protection of the rights of vulnerable groups in our country problems, some countermeasures and suggestions are put forward from the aspects of constitutional text and constitutional judicial protection.
Keywords/Search Tags:vulnerable groups, protection of the constitution, judicial review, judicialrelief
PDF Full Text Request
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