我國弱勢群體權益的法律保護
發(fā)布時間：2018-10-20 08:19
【摘要】：當前我國市場經(jīng)濟迅速發(fā)展,社會結構轉(zhuǎn)型、體制轉(zhuǎn)軌,導致各種利益之間的相互博弈。原本就處于劣勢地位的社會弱勢群體規(guī)模在擴大、程度在加深,成為這一過程中最大的受沖擊者。切實對弱勢群體權益加強保護其意義絕不限于對弱勢群體的施救,更是實現(xiàn)社會主義共同富裕目標的根本要求,是進一步明確我國人權理念,保證社會和諧穩(wěn)定,彰顯社會公平正義的宗旨所在。對弱勢群體權益的保障程度及水平很大程度上也是一個國家綜合國力的側(cè)面體現(xiàn)。為此,我國立身法律層面,相繼出臺了諸多法律政策等,協(xié)同立法、司法、執(zhí)法等部門,不斷探究當前新形勢的需要,爭取弱勢群體權益的切實維護。因為只有法律才是保護的最有效手段。本文也正是在法律視野下所進行的理論探究。分為四大部分,其主要框架和內(nèi)容簡介如下： 第一部分是有關弱勢群體概念、構成和突出特征的基本理論的表述。其中通過對幾種代表學說的分析評判得出弱勢群體基本權利論的觀點；進而通過對弱勢群體構成理論的進一步探究,最終得出各類學說下弱勢群體所共有的幾點明顯特征。深刻了我們對弱勢群體理論的認識。 第二部分主要是弱勢群體權益法律保護的價值理論,證明弱勢群體權益保護的重要性。包括加強弱勢群體權益保護是人權實現(xiàn)的必然要求；公平正義價值之需；和諧社會秩序維護之需；公眾對公權力信任之需；最后提出只有法律才能使弱勢群體保障落到實處。 第三部分是弱勢群體權益法律保護的現(xiàn)狀。包括我國當前在憲法、法律以及其他方面的立法保護以及司法機關為此說作出的種種努力和取得的成績；也包括這個過程中基于各種現(xiàn)實因素所遇到的弱勢群體權利得不到伸張的諸多障礙和這個過程中所顯現(xiàn)出的立法、司法等環(huán)節(jié)的問題和不足。 第四部分是針對發(fā)現(xiàn)問題和不足所提出的完善性措施和對策。包括立法、執(zhí)法、司法三方面的努力。以堅持立法所應堅持的幾項基本原則和構建完整立法體系作為立法方面的重點；以強化政府依法履行職責的觀念和完善相關執(zhí)法制度作為嚴格執(zhí)法的重要依據(jù)；以降低弱勢群體訴訟的經(jīng)濟成本,提高司法的效率,加重有關機關該舉證不舉證或不完全舉證的責任承擔作為加強弱勢群體的司法救助,實現(xiàn)真正的司法公正的重要舉措。
[Abstract]:At present, the rapid development of market economy, the transformation of social structure and the transition of system lead to the mutual game between various interests. The scale of the disadvantaged groups in the society is expanding and the degree is deepening, and they become the biggest assailants in the process. The significance of strengthening the protection of the rights and interests of the vulnerable groups is not limited to the rescue of the vulnerable groups. It is also the fundamental requirement for realizing the goal of common prosperity of socialism. It is to further clarify the concept of human rights in our country and to ensure social harmony and stability. To show the purpose of social fairness and justice. The degree and level of protection of the rights and interests of vulnerable groups is also the embodiment of a country's comprehensive national strength to a great extent. Therefore, in order to protect the rights and interests of the vulnerable groups, China has successively issued many laws and policies, and cooperated with the departments of legislation, judicature, law enforcement and so on to explore the needs of the current new situation and to strive for the effective protection of the rights and interests of the vulnerable groups. Because only the law is the most effective means of protection. This article is also in the legal field of view of the theoretical exploration. It is divided into four parts. The main framework and content are as follows: the first part is the description of the basic theory about the concept, constitution and prominent characteristics of the vulnerable group. Through the analysis and evaluation of several representative theories, the basic rights theory of vulnerable groups is obtained, and then through the further exploration of the theory of the constitution of vulnerable groups, some obvious characteristics shared by vulnerable groups under various theories are finally obtained. Profound understanding of the theory of vulnerable groups. The second part is the value theory of the legal protection of the rights and interests of the vulnerable groups, which proves the importance of the protection of the rights and interests of the vulnerable groups. Including strengthening the protection of the rights and interests of vulnerable groups is the inevitable requirement for the realization of human rights; the need for fair and just value; the need for the maintenance of harmonious social order; the need for public trust in public power; finally, it is proposed that only the law can make the protection of vulnerable groups come true. The third part is the current situation of legal protection of the rights and interests of vulnerable groups. Including the current constitutional, legal and other aspects of legislative protection, as well as the efforts and achievements of the judiciary to this end; It also includes a lot of obstacles that the vulnerable groups' rights can not be extended on the basis of various realistic factors, and the problems and shortcomings of legislation, judicature and so on in this process. The fourth part is the perfect measures and countermeasures to solve the problems and deficiencies. Including legislation, law enforcement, judicial efforts. The emphasis of legislation is to adhere to several basic principles and to construct a complete legislative system, to strengthen the concept of the government to perform its duties in accordance with the law and to improve the relevant law enforcement system as the important basis for strict law enforcement. In order to reduce the economic cost of the litigation of the vulnerable groups, improve the efficiency of the judiciary, and aggravate the burden of proof, which is not proof or not complete, it is an important measure to strengthen the judicial aid of the vulnerable groups and to realize the real justice of justice.
【學位授予單位】：山東大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D920.4
本文編號：2282581
[Abstract]:At present, the rapid development of market economy, the transformation of social structure and the transition of system lead to the mutual game between various interests. The scale of the disadvantaged groups in the society is expanding and the degree is deepening, and they become the biggest assailants in the process. The significance of strengthening the protection of the rights and interests of the vulnerable groups is not limited to the rescue of the vulnerable groups. It is also the fundamental requirement for realizing the goal of common prosperity of socialism. It is to further clarify the concept of human rights in our country and to ensure social harmony and stability. To show the purpose of social fairness and justice. The degree and level of protection of the rights and interests of vulnerable groups is also the embodiment of a country's comprehensive national strength to a great extent. Therefore, in order to protect the rights and interests of the vulnerable groups, China has successively issued many laws and policies, and cooperated with the departments of legislation, judicature, law enforcement and so on to explore the needs of the current new situation and to strive for the effective protection of the rights and interests of the vulnerable groups. Because only the law is the most effective means of protection. This article is also in the legal field of view of the theoretical exploration. It is divided into four parts. The main framework and content are as follows: the first part is the description of the basic theory about the concept, constitution and prominent characteristics of the vulnerable group. Through the analysis and evaluation of several representative theories, the basic rights theory of vulnerable groups is obtained, and then through the further exploration of the theory of the constitution of vulnerable groups, some obvious characteristics shared by vulnerable groups under various theories are finally obtained. Profound understanding of the theory of vulnerable groups. The second part is the value theory of the legal protection of the rights and interests of the vulnerable groups, which proves the importance of the protection of the rights and interests of the vulnerable groups. Including strengthening the protection of the rights and interests of vulnerable groups is the inevitable requirement for the realization of human rights; the need for fair and just value; the need for the maintenance of harmonious social order; the need for public trust in public power; finally, it is proposed that only the law can make the protection of vulnerable groups come true. The third part is the current situation of legal protection of the rights and interests of vulnerable groups. Including the current constitutional, legal and other aspects of legislative protection, as well as the efforts and achievements of the judiciary to this end; It also includes a lot of obstacles that the vulnerable groups' rights can not be extended on the basis of various realistic factors, and the problems and shortcomings of legislation, judicature and so on in this process. The fourth part is the perfect measures and countermeasures to solve the problems and deficiencies. Including legislation, law enforcement, judicial efforts. The emphasis of legislation is to adhere to several basic principles and to construct a complete legislative system, to strengthen the concept of the government to perform its duties in accordance with the law and to improve the relevant law enforcement system as the important basis for strict law enforcement. In order to reduce the economic cost of the litigation of the vulnerable groups, improve the efficiency of the judiciary, and aggravate the burden of proof, which is not proof or not complete, it is an important measure to strengthen the judicial aid of the vulnerable groups and to realize the real justice of justice.
【學位授予單位】：山東大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D920.4
【參考文獻】
相關期刊論文 前4條
1 錢大軍,王哲;法學意義上的社會弱勢群體概念[J];當代法學;2004年03期
2 楊海坤;和諧社會視角下弱勢群體的憲法保護問題[J];淮陰師范學院學報(哲學社會科學版);2005年04期
3 錢再見;中國社會弱勢群體及其社會支持政策[J];江海學刊;2002年03期
4 李龍，周葉中;憲法學基本范疇簡論[J];中國法學;1996年06期
，本文編號：2282581
本文鏈接：http://www.sikaile.net/falvlunwen/falilunwen/2282581.html
