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On The Analysis Of The Social Mechanism Of Civil’s Extreme Behavior Of Right-defending

Posted on:2015-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2296330467967891Subject:Legal theory
Abstract/Summary:PDF Full Text Request
It becomes a significant issue for the game of interests and interest coordination with thespeeding up of urbanization and awaking of people’s rights consciousness. Theself-immolation has occurred on resistance demolition event and violent resistance began intoour consideration from the “Tang Fuzhen case” in2009year, such as Huangchuan, DonghaiCountry, Lianyugang City.Jiangsu Province, Huangpo District, Wuhan City, Hubei Province,“Ji Zhongxing case” and so on. We have to reflect the grassroots struggle in body when thelaw becomes the major means of social control, especially in face of public power. Thesolution of conflict seems to be out of order and procedures. Why do the grassroots realizetheir property rights by the struggle of body not the relief system. The previous theory modelcan’t explain the phenomenon, such as “daily resistance”,”struggle by law”,“struggle withlaw”. This is the focus of this paper and on the basis of analysis, I want to explore thereasonable system to end of “struggle by body”.Based on the perspective of Jurisprudence, I collect a large number of extreme rightscases to investigate the reasons of extreme action, to correct the intrinsic defect of interestexpression mechanism. I expect that the grassroots’ rights struggle can get into the normalinterest expression mechanism. I don’t advocate the extreme struggle but provide the systemsupport when the people face the unreasonable infringement but they have no legal interestexpression mechanism.According to the analysis of the case and the actual interview, I found that the extremebehavior of protection is a logic choice process: the interests of the distribution system that ispotential injustice made people believe that their interests are subject to unfairtreatment.They will be in the state of indignation, tolerance, compromise, helpless orresistance. When people feel more pain that their rights and interests have been infringed thantolerance, they will seek to resistance measures--the legal system or outside the system ofrelief. Because of the prior and precedent "demonstration effect", when the legal system can’tfully realize the expression of interests, and this behavior made parties and government orcapital holders’ relationship bad, in order to obtain the public moral support and put pressureon the other, or let the superior department "instruct", the parties may take extreme actions,and extreme adults incident is very likely. According to the analysis of extreme behavior of logic choice, I thinks that the defects ofthe system of allocation is the fuse of extreme adults incident., the judicial system that is lackof smooth and no authority is the key factor driving the parties choose the external remedysystem.and the exit of releasing the social discontent emotional is blocked and theadministrative departments handle improperly, which is the catalyst. Therefore, to improvethe interest distribution system, to establish the authority of justice, to emit society bad "gas"and to strengthen the supervision of the exercise of administrative power will greatly reducethe occurrence of extreme events.
Keywords/Search Tags:right, power, extreme rights, interest expression mechanism
PDF Full Text Request
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