For the legal protection of vulnerable deep-thinking system
[Abstract] the legal protection of vulnerable groups from the perspective of diverse ideas and seek to review the need systems of deep thinking. To re-positioning mode of the legal protection of vulnerable groups, building the development of legal protection system: to awaken, develop, improve Law enforcement the legal quality and human and moral qualities: To build with Chinese characteristics, the rural social security system.
[Paper Keywords] the legal protection of vulnerable groups, rural social security model
Legal protection of vulnerable groups in our country is a very important and urgent questions about the study in this area has been a lot. This paper argues that the legal protection of vulnerable groups from the perspective of diverse ideas and seek to review the need in all aspects of society , coordination of various factors.
A re-positioning mode of the legal protection of vulnerable groups. Construction of the development of legal protection system
The so-called vulnerable groups, is present in a certain historical period and social environment, due to objective conditions, due to physical fitness and the social economy, power and other resources are vulnerable areas, in the enjoyment of fundamental rights as human beings in society Under normal conditions, compared with others in the fact of unequal or subordinate position, can not fully exercise their own power or right, in the social competition in a dependent or a disadvantage, and by virtue of its own force does not change this situation social groups. Vulnerable groups in our country including minors, the elderly, women, disabled, unemployed and other poor urban unemployed residents, the city's migrant workers and ordinary peasants engaged in agricultural work, such as poor college students. The production or have difficulty i faced by vulnerable groups is a common clinical situation of vulnerable groups in economic, cultural, physical, mental, or other aspects of the situation in a relatively disadvantaged position in the social and political level, and their absence or lack of protection of rights, the exercise of power difficult .
Over the years, both in concept or in the system, the protection of vulnerable groups that we are too dependent on help to achieve through the material. This is a very one-sided, and it is harmful. Simply to give people material help is poor style of protection. Although poor-style protection mode is essential, but it has great limitations, mainly as follows: poor style protection mode is limited by deep financial ability to pay. Our ability to pay is the lack of financial constraints the healthy development of China's social security a barrier factor. Moreover, not only material assistance alone can not solve the fundamental problems, but also easy to form and foster dependence and lazy learning style: the excessive expansion of material assistance but also the tension between fairness and efficiency, market forces mechanism of impairment function into full play, and ultimately hinder economic and social development. are called, teach him to fish, it is better to teach him to fish. is the ability and opportunity to give people the protection of regeneration. Based on this, the Law of protection of vulnerable groups should be to achieve the transfer of focus - from the poor of changes for the regenerative, the target model should be positioned in order to protect the way of renewable-based, supplemented by poor style protection mode. According to vulnerable groups and the legal protection of social property values , combined with the specific situation at present in China, China's model of legal protection of vulnerable groups should be the protection of the legal protection system and development of a combination of legal protection system. The former is mainly for vulnerable groups, social insurance, social relief, social welfare and other social security system: the latter mainly refers to employment for vulnerable groups about the legal system, and actively helping the poor legal system, education, legal system. Therefore, it is necessary to improve our country's legal system to promote employment for vulnerable groups in the laid-off workers, unemployed workers to provide employment system platform. For this reason, should be developed <<Employment Promotion Law ">, the employment problems of disadvantaged groups make regulations. Second is to improve the development of the weak legal system, through the allocation of basic resources and opportunities to give, so that the weak capacity of the weak self off, forming a weak position to get rid of the sustainable development trend. III vulnerable groups is to establish the legal system of education for disadvantaged groups to provide more education or training opportunities. formulate appropriate regulations, policies, and poverty in rural areas to increase investment in education, real guarantee from the system to be implemented by Law trip. Fourth, establish a medical legal system vulnerable groups. the weak government in the medical process, consideration should be given to vulnerable groups to increase health care spending, the establishment of basic health care of vulnerable groups protection system. Now our country is to establish universal health care system is in this area positive initiatives.
2 wake-up. Develop and improve the legal quality of Law enforcement and human and moral qualities
The quality of law enforcement is directly related to the success of the modernization of the legal system related to the efficacy of the legal authority and legal reality. And in the legal practice of the law enforcement people exposed has caused the world of high quality is not great concern. To improve and improve the legal protection of vulnerable groups, must wake up to develop and improve the legal quality of law enforcement and human and moral qualities.
First, to awaken and nurture the spirit of the law enforcement people worship and belief. Whether the law has played a proper function and value, whether the law should embody justice and equity, largely depends on whether law enforcement has Sung spirit of law and faith. with such spirit and conviction, the law must also filled with infinite love and respect, even the second law as their own life or to sacrifice the cause, and thus the effect of enforcement will even better. The so-called Chong Law, from the shallow sense is to have a defense of the spirit of justice and fairness, with one for the country, to society, dedicated work for the parties, to be responsible for the faith, respect for the law, believe that the law, respect law. In China, some law enforcement people today, the spirit of worship and faith law did not even lower, in the wrong sense of market-oriented and money under the domination of the law to be a vulgar display status or trying to cash in their tools. in our country towards modernization in the process of the law enforcement people are advocating the law is supreme and universal respect for, is a measure of the rule of law, or half of Chinese society the rule of law, half of men's scale. against China's legal tradition, the most important thing is to really train and a large number of There upright spirit of the law, respect for the law enforcement people.
Second, we must cultivate the ability of law enforcement and responsibilities of people knowing. A belief Chong Law, and if ignorance of the law, at best, only a loyal "good." Contemporary Chinese society, the legal system in the ascendant, the legislature into the fast lane many laws and regulations. accept the legal information to digest, increasing the difficulties of energy, non-social and rule of man over that way of thinking the planned economy can bear, and bear. as a law enforcement person, an important quality standard is to knowing, understanding, familiar with and proficient in legal principles, law provides the law enforcement people, "root" or "housekeeping unique skills." Knowing, understanding reflects a high-quality study or practice. in the whole legal system, a large system, law and regulations, and to approach the Central Act, the substantive law and procedural law, legal and policy are there between the organic link, as a law enforcement must have the whole concept of law, the establishment of the macro structure of legal knowledge. just know several sectoral laws recite several legal provisions, the law enforcement people are useless. practice, that the provisional reading, the condemnation of the practice of what use is not conducive to effective implementation of the law. In addition, as a law enforcement person, must also be invest in a broad perspective of their own social space, in the context of the community the flexibility to understand the law, the use of the law. in mastering the basic principles of law under the premise comprehend the purpose of legislation, the spirit and values. Thus, as law enforcement people must pay attention to his legal studies, no word of the book and the book of words should be mastered. And as a law enforcement agency should also create a variety of conditions, law enforcement people to study in education, improve the opportunity to protect they can meet the development needs of modern society. Links to Research Papers Download http://www.hi138.com third, to train and exercise law-abiding person's character and virtue. Why should we obey the law? After all, the law society Group, a balance between various interests and compromise the rule of law is the various social groups are commonly accepted and recognized as a standard and order. Therefore, compliance with the law in essence is to follow our own promises, is to follow and obey our own course , in the era of the rule of man, often the government to make laws, the judiciary enforce the law, Li has become a law-abiding people of the obligations. and into the rule of law, "shall be equal before the law no one is above the law shall not go beyond the law outside the privilege, so the law is right and proper for everyone to the task of ruling a heavy burden in our country, the law must first be required to comply with the law in power. The value of the law enforcement people in large part through publicity conscious law-abiding to the law should also reflect the dignity and prestige of the law-abiding people in the law enforcement. only on behalf of state and government in power into the law respect, obedience and compliance, can lead to citizens in general respect for the law and faith. Government law-abiding relationship with a certain sense, the success of the concept of supremacy of law. from the shallow sense, the law requires that people must observe and obey the behavior of law, not against the law, not criminal. and deeper, the law means People have to obey the law as a belief. cultivate the spirit of the law, to ensure that national legislation in the local community to achieve and success is very important.
Fourth, law enforcement training and training of law enforcement people the courage and sense of mission. Any law enforcement implemented, will inevitably encounter all kinds of contradictions and difficulties. In our country, power and law, law and emotion of the struggle is often things. law enforcement people for their mission is to dedicate themselves to legal justice, as guardian of justice, he always wants to fight the wrongful act of a variety of flouting the law, even necessary, to pay life. Therefore, the law enforcement people to have the courage and spirit of law enforcement, there must be a defense of the spirit of justice and fairness.
3 Construction of China's rural social security system characteristics
Social security system is to ensure the basic livelihood of vulnerable groups of social security protection system development of human society to a specific historical stage of market economy stage of the product, is the premise of the labor fully commercialized society, is a market based economic system works ~ term nature of its significance is to protect the social order and the stability of market demand to ensure efficient operation of macroeconomic development in order to protect the normal development of the national economy. social security while ensuring a fair, but also protect the efficiency. through national legislation, to take coercive measures of national income re- distribution of the basic difficulties in the lives of members of the community for help, the implementation of the social security system, is the socially vulnerable groups of countries to one of the main practice. It can largely alleviate the hardship of the parties and the mental anguish since .1998 , China has gradually established a state-owned enterprises the basic livelihood guarantee for laid-off workers, unemployment insurance and minimum living allowances for urban residents, "three guarantees" system. In the same year the State Council had decided to promote the medical insurance system reform, and gradually built up around the social pooling and individual accounts combination of the basic medical insurance system. all these years, the Chinese social security work and made remarkable achievements, the better to play a social "stabilizer" and valve function. However, China's social security system's coverage is still mainly towns, on the need to protect rural workers Sheng efforts to protect small.
Very long time, China's agriculture, rural areas and farmers are seriously neglected, so that farmers become the largest and most vulnerable groups in need of help. Very long time, the absence of rural social security system, resulting in the largest community does not justice. as institutional arrangements, the protection of farmers is mainly land. But in the long run, the relative concentration of the land has become an irreversible trend, some farmers out of economic power to force the transfer of land for farming is inevitable. from land, farmers have two choices: First place was hired as agricultural workers or workers in township and village enterprises: the second is into the city to work, as the job market in the city of migrant workers. Whichever you choose a way which, by its status as farmers decisions are difficult to enjoy the exclusive social security of urban residents. At the same time should also see that in the current rural China, because the cost of education and disease treatment costs increase due to education to poverty, poverty caused by the phenomenon of returning to poverty or illness very serious. coupled with natural disasters and various public health emergencies, the farmers are getting stuck in a difficult time. At present, China's rural land not yet out of the traditional dependence and family security protection mode. Therefore, explore the establishment of appropriate national conditions of China's rural social security system , is the face of the legal system of social security the focus of the Pro I, hot and difficult, there is in this area a vast space of system innovation. Now, our country has been years in the rural compulsory education system, the new rural cooperative medical care system and rural endowment insurance system, further, China should also develop a more rural social security system and the law, but also to further improve these systems and laws, to achieve most of the farmers, "a sense of security, medical, health has been by "the basic requirements and aspirations. For the deduction, wage arrears for migrant rural workers, Kēng Agricultural and hurt farmers and other damage to legitimate rights and interests of farmers, in criminal law and other related laws should further make clear the penalties and to intensify the crackdown. China investment in education in rural areas far below the city, therefore, the country should increase for rural education, culture and other areas of the budget. to break the security mechanism as soon as possible urban-rural dual structure, reduce the urban-rural divide, the establishment of better rural social security system. view of the current problem of weak protection of migrant workers, to establish a layered security system for migrant workers, focusing on the establishment of migrant workers industrial injury insurance system, serious illness or disease protection mechanism and the corresponding social assistance system.
Protection of vulnerable groups is a huge systematic project, which involves political, economic, legal, moral, educational, and social aspects of human life, but the most fundamental is the development of social productivity and raise the wealth of society and civilization. Reposted elsewhere Free Download Center http://www.hi138.com Papers
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