Supporting Strategy for China’s Vulnerable Groups - 中欧社会论坛 - China Europa Forum

Supporting Strategy for China’s Vulnerable Groups

Abstract

Tian Shengbin, Liu Hongbing

2006

Journal of Railway Police College

I. Definition of Vulnerable Groups

To fully grasp the meaning of vulnerable groups we should be aware of the following aspects: First, the notion of vulnerable groups is a relative concept, which means we need to rely on certain reference point to define it. Different choices of reference point will result in different definitions. Second, the notion of vulnerable groups is a dynamic concept. Its formation and evolution are dependent on a country’s political, economical and cultural situations within a certain time period. Third, the notion of vulnerable groups is a group and theoretical concept, one which needs national help and social support to ensure their basic rights.

Since vulnerable groups are those whose basic rights are not protected due to various reasons, we need to first determine basic human rights. Based on China’s current situation, the following rights should constitute basic human rights: right to life, right to work, right to education, right to information, right to participation in political affairs and right to fair judicial adjudication. The author believes that typical vulnerable groups in real life include minors, the elderly, the disabled, women, laid-off workers, city workers from rural areas, and rural workers engaged in agriculture. At least one of their basic rights has been violated.

II. The legal basis of relief for vulnerable groups is based on the following three aspects:

1. The need to pursue the value of modern law

In a just society, equal freedom of citizens is inalienable; rights protected from justice should not be affected or subjected to any balance of power between political transition and social benefits. The formation of vulnerable groups often results from the abuse of state power and civil rights. Therefore, the state and society have an obligation to provide protection priorities for these vulnerable groups. This is a manifestation of national and social justice.

2. The need to protect basic human rights

The emergence of the concept of human rights is a result of the development of modern society; nowadays, this concept enjoys wide support. China’s constitutional amendment in 2004 also specified that “the state respects and safeguards human rights”. However, regardless of which country it is, human rights protection for vulnerable groups faces many challenges. Vulnerable groups should be provided with special protection to change their political, economic, cultural and social status.

3. The need to develop a harmonious society

Harmonious development is the eternal pursuit of the development of human society. China’s strategic goal for the first 20 years of the 21st century is to build a moderately prosperous society. In order to achieve this strategic objective, we must give special protection to vulnerable groups.

III. Relief Measures for Vulnerable Groups

1. Legislative protection

It is important to provide vulnerable groups with short-term economic benefits or social support from time to time, but the fundamental way to solve problems is to provide them with “self-help tools” among which the most important one is legal means. In other words, we should ensure that vulnerable groups can enjoy and exercise their statutory rights, because they are not only economically deprived but more importantly, deprived of many rights.

2. Government support

The government plays a leading role and should fulfil the following tasks: (1) to formulate relevant administrative rules and regulations in coordination with the National People’s Congress; (2) to govern strictly according to law and regulate the behaviour of law enforcement; and (3) as a starting point, all levels of government should first address problems related with unemployment and the protection of the rights of off-farm workers in cities.

3. Judicial relief

Judicial relief is the last resort for protecting rights and it is the remediation and restoration of violated rights. However, research on judicial relief systems in China started relatively late and many systems are far from perfect, so there is still a long way to go.

4. Social support

It is not enough to protect the rights of vulnerable groups merely based on feelings. Instead, we should develop community services, build social support networks, and fully encourage voluntary support.

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