论弱势群体权利法律保护的理论逻辑

弱势群体是指在社会生活中处于弱势地位的人群的总称.在当代中国的社会转型期,该群体的存在是不可避免的.对弱势群体的权利给予法律保护是政府的义务.应然逻辑从制度、价值、伦理和效用等方面要求政府必须保护弱势群体的权利,实然逻辑要求政府建构以宪法为核心、立法为基础和司法为手段的弱势群体权利网络化的法律保护体系.

On the Theoretical Logic of the Legal Protection of the Vulnerable Group's Right

The vulnerable group refers to these who are in the disadvantaged conditions in social life.In the period of social transformation in modern China,the existence of the group is unavoidable.It is the duty of the government to offer her legal protection to the right of the vulnerable group.The logic as it ought to be requires the government to protect the right of the vulnerable group in such aspects as institution,value,ethics and efficiency.The logic as it is requires the government to frame the network of legal protection to the right of the vulnerable group,which is based on constitutional protection as its core,legislative protection as its foundation and judicial protection as its means.