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Assignment代写:The weak protection

2018-06-19 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- The weak protection,供大家参考学习,这篇论文讨论了弱者的保护。弱者,指的是在社会关系中处于相对弱势地位的一方,同别人比较,其在智识、财产、社会地位等方面处于劣势,因而在社会主体的交互往来行为中,居于不利的地位,并且其权益遭受侵害的可能性远高于别人。社会的演进使社会主体之间形成了强者与弱者的界分,法治社会的重要特质即在于实现对社会弱者的最大限度保护。而对于弱者进行精准的内涵界定,乃是实现弱者保护的前提所在。

weak protection,弱者的保护,assignment代写,paper代写,美国作业代写

The evolution of society has formed the boundary between the strong and the weak among the social subjects. The important feature of the rule of law society is to realize the maximum protection for the weak. Starting from the definition of "the weak", this paper analyzes the value legitimacy of the protection of the weak and discusses the relevance of the protection of the weak.

"The weak", is refers to the social relationships in a relatively weak position, compared to opposite party, in its intellectual property, at a disadvantage in aspects of physical, social status, thus the act of intercourse, the interaction of the social main body in the disadvantageous position, and the possibility of its rights and interests by far higher than the other.

The precise definition of the word "weak" is the precondition for the protection of the weak. In the definition process, it must be realized that "weak person" is not an absolute concept. In the former social relationship, the subject is weak, while in the latter, it may become strong. Therefore, the protection of the weak by law must be based on the specific legal relationship, and the weak cannot be rigidly divided. Specifically, you can refer to the corresponding standard, from the physical level to the weak definition of identity, such as different, the legal relationship of intellectual ability structure difference, property status, social status, physical condition, etc., thus can realize boundary points in the weak status. In addition, from the perspective of procedure, it is necessary to conduct all-round qualification examination and post-supervision on whether the subject has the status of the weak, so as to effectively protect the weak.

It is one of the main reasons why we must protect the weak and realize social equity. Rawls in his monograph "theory of justice", has put forward the idea of "veil of ignorance", namely the social main body in negotiations for a role of the social members how to treat, the best way is to put all the curtain, agree beforehand good any one don't know their per capita after out of the curtain will occupy what position in social organizations, and what kind of roles, followed by the people for a particular role together how to deal with this role, regardless of the role of high and low social status. This kind of practice is to make each and every one of the benefits of not due to achieve the interests of early so as to make unfair comments about sex, so then you can make the most disadvantaged social role to get the best protection.

In addition, the protection of the weak, the reason lies in the following aspects: the society under the premise of limited resources, how to realize the is very important for the efficient allocation of limited resources, relying on the role of market's self-adjustment, can at low cost to realize resource optimal allocation. However, this practice can also lead to the result that some members of society cannot obtain the necessary resources to support their survival. Therefore, the weak should be given the necessary living resources. From the feature level, human rights for any social main body, has the inalienable, based on the situation, as the social main body of the weak it is hard to achieve through self-reliance way to maintain their own rights and interests, the law should give the necessary protection. Although social Darwinism thinking produced direct influence in humans, but must see that, the group of life so based on the low limit of moral reasons, social members must be members within the weak to give necessary help and respect, so that the foundation of society is maintained, the protection of the weak in society, is about the relationship between social support, this also as foucault "must safeguard society".

In the case of protecting the weak with the help of law and other social norms, several problems must be clarified. Is the first in this paper first points out, must give a clear positioning for what is a weak one, and can't take the "label" mechanical positioning method, if so, will not make the real society to maintain the legitimate rights and interests of vulnerable groups. Secondly, the protection of the weak must be carried out on the premise that the weak obey the law. From a logical perspective, it takes the form of a hypothetical proposition of necessary conditions, that is, the law protects the weak only if they obey the law. In this proposition, according to the logical truth table, it can be seen that when the weak fail to obey the law, the law protects them as false propositions. Therefore, the premise of the law to protect the weak must be the behavior under a state of the law of the weak, so the law to the violations of the legitimate rights and interests protection and remediation, such as "marriage law" in the protection of the rights and interests of women, children and old people's relevant provision, is to obey the law of the legal protection of the weak. At the same time, the emphasis on social main body to obey the law is to realize the premise of protection of the weak, the reason is that there is a limit to such protection for the weak, not damage due to overdo social fair competition mechanism, and if the weak law, itself is a party for the weak social normal competition mechanism of the damage, so if you don't ask for protecting them, deviated from the original meaning of the weak protection. Finally, the protection of the weak should not care about cost, as the cross research of law and economics in recent years, the costs and benefits calculation theory is often introduced into the interest game category, this kind of thinking mode has certain drawbacks, however, its drawback is that too much emphasis on relatively reasonable ideas, often in a thinking pattern for the benefits and costs of output, then directly result in the legal protection of fuzzy zone, caused the legitimate rights and interests of the weak society are neglected, thus cannot get effective protection. Therefore, when formulating and revising laws, legislative organs should abandon such biased cognition so as to realize the maximum maintenance and protection of the legal rights and interests of the weak.

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