The problem of vulnerable groups is one of the serious problems facing society of China in the social transition stage. A series of policies in recent years, the party and the government to determine reflects both the rights of vulnerable groups. The academic community has conducted extensive research on the issue of "social vulnerable groups", and has made a series of achievements. With the further accelerate the pace of economic reform in China, the social contradictions have become increasingly prominent, the rights of vulnerable groups protection will be further highlighted, gradually become a social problem and social development. Therefore, in order to maintain social stability, to ensure that the socialist economic reform and political reform, to protect the rights of vulnerable groups into the scope of protection of the constitution is necessary. This paper tries to discuss the protection of the rights of vulnerable groups from the perspective of the constitution, to find a way out for the basic rights of vulnerable groups in our country constitution guarantee.

A,The concept and characteristics of vulnerable groups

"Vulnerable groups" is a concept in sociology, mainly used for the analysis of modern social distribution of economic interests and social power inequality, and social structure unreasonable phenomenon, but also a social science, economics, politics and social policy research is a core concept.

Our attention to the vulnerable groups and research started relatively late, in recent years by the academia of our country economy to study the gap between rich and poor, social security and other issues gradually extending from the. Because of no formation of cognition and mainstream unified view, scholars in the study often according to the understanding and study of their own for the purpose of the definition of vulnerable groups, thus defining the concept of the vulnerable groups in chaos. Thus also formed many different points of view. The representative are: vulnerable groups is generally formed by different reasons, to rely on the law between the special provisions not by itself or market competition to acquire rights and interests, safeguard the rights and interests of social groups, is relative to the strong group, a special group of the society and from the inferior group. Vulnerable groups refer to the power and rights, development opportunities, the material conditions of life in a weak position in the group. "Vulnerable groups" as a collective noun, abstract noun is not a strict legal category, more belong to the field of sociology. "Weak" to "strong". Therefore, the "vulnerable groups" is a relative concept, is the social groups were compared with the results based on a certain standard, in the sense of "vulnerable groups" is the general name for is in a weak position in the political, economic, cultural and physical health and other aspects of the population. The so-called vulnerable groups is in the material conditions of life, power and rights, social prestige, competition ability and development opportunities in a weak position in the group. Vulnerable groups can be divided into two categories, namely the social vulnerable groups and the physiological vulnerable groups[5]. Vulnerable groups is a particular group due to some natural or social causes the rights of disadvantaged. It includes a few people, specific groups, poverty population, the unemployed groups and city fringe groups etc..

American scholars will be vulnerable groups is divided into "social vulnerable groups" (Social Vulnerable Group) "and" the disadvantaged social groups "(Social Disadvantage Group). The social vulnerable group refers to "due to the lack of life caused by the dependence of the people", including those with physical or mental disabilities, the old and infirm, his dear children or parents disqualified. The so-called "disadvantaged groups", mainly refers to the long-term, widespread in the field of employment and social adverse environmental groups, but the adverse environment is composed of structural and institutional arrangements by. According to the actual situation of vulnerable groups in our country, to protect the rights of vulnerable groups from the perspective of vulnerable groups, should refer to those in the social competition at a disadvantage that affect the survival of the state or the basic rights are violated and are not guaranteed and in a helpless state populations, namely foreign said "social disadvantage group" (Social Disadvantage Group). Therefore, from the study of law and the protection of the rights of perspective, the author agrees with the definition of vulnerable groups, namely the so-called refers to the natural factors and social factors, the survival of the state, the quality of life of ordinary people than the society, or the basic rights are not the social security system, referred marginalized, vulnerable the members of the society.

Vulnerable groups because of their own characteristics in body and mind, economic resources, social power resources, social resources, social prestige and employment and education and training resources than others in a vulnerable. Because of the special character of vulnerable groups, and to show the obvious characteristic. Scholars have summed up the characteristics of vulnerable groups from different angles, such as Wang Xingyun will be vulnerable groups characteristics into relativity, universality, collection, multiple and law; Liu Zhuohong, Hu Yian believes that the characteristics of vulnerable groups, vulnerable ecological vulnerability, poverty. The feature is mainly carried out on the characteristics of vulnerable groups from the aspects of social studies is summed up, may have important significance for the development of the social security system, but the characteristics of the constitution from the height of vulnerable groups, the vulnerable groups classified as follows:

One is the poor economic benefit.

Poverty economy is an important characteristic of the vulnerable groups, and it is also the main features. Usually vulnerable groups is lower income, and some even hovering on the edge of the poverty line. If the poor farmers, unemployed and elderly city lack of skill, physical disability, old age and the lack of the necessary guarantee of life caused by the life extremely difficult, rural and dropouts due to poor families, left-behind children etc.. Economic poverty caused the vulnerable groups living on the fragile, leading to their living conditions worsened, has been seriously affected by their right of existence. Before the reform and opening up, due to economic poverty is a universal phenomenon, although people don't get material comforts, but employment and children's education and life and other aspects of the pressure is not so obvious, the workers have to work, the farmers have land, the problem of vulnerable groups is not prominent; however, since the reform and opening up, with the old system was gradually broken, was break all welfare policy a secure job and under the planned economy. A series of problems of laid-off unemployment, polarization between the rich and the poor, children education and so on to make life abrupt pressure increasing, people sense of crisis intensified, coupled with a variety of inequality China created a new generation of vulnerable groups, and with the development of market economy will become increasingly prominent. Vulnerable groups are no longer limited to low standard of living of rural farmers, laid-off workers in the city there are a considerable number of people at the edge of poverty due to a lack of proficiency in a particular line. Low income economy caused the low standard of living of children education, not to protect the vulnerable groups, free on the edge of poverty. Can say, the economic interests of the poor has become the most striking feature of vulnerable groups.

Two is the poverty rights.

The law sociology meaning of "vulnerable groups" and an important feature, namely, the rights of the poor. The so-called "the rights of the poor", refers to a citizen because of social law, policy system, rejection, in their own can not enjoy the normal civil rights or basic rights are not institutional guarantee, according to the system and law, is the legal inequality. As China currently working in the city of migrant workers in the city engaged in industrial production, facing the same and the city life pressure and occupation risk, but because of policy and law, and they can't get the same treatment and city residents, the public rights and the rights of not equal. In their encounters inductrial injury or illness, their situation will be more difficult, often in a helpless situation, thus showing city residents than compared to more advantage. On the other hand the rights poverty also refers to the basic rights of the vulnerable groups can not be guaranteed due to his right was violated relief vacancy. The author thinks that right here includes both social and economic rights including right after being infringed the right to obtain relief. The former such as survival, development rights, labor rights. Because the system or the system, their economic and social rights are not national security or guarantee is ineffective, resulting in the deterioration of the quality of life. The latter refers to their social and economic rights violations after getting legal remedy rights are not guaranteed, such as migrant workers, wage arrears, although after the labor department's administrative procedure and judicial procedure, still not get paid and helpless. As people's rights have been violated by administrative and judicial process can not be solved and step on the long road of petition, the problem has not been resolved but by the local government persecution, etc.. Starting from the study of law and protection of human rights, the rights of the poor should be an important characteristic of the vulnerable groups.

Two,Vulnerable groups should enjoy the basic constitutional rights

If the economic poverty that vulnerable groups the insurmountable difficulties, then on the rights of the poor reflects the law or the Constitution for the protection of the rights of their weak and feeble, more highlights the importance for the rights of vulnerable groups protection. The rights of vulnerable groups protection mainly refers to guarantee their survival rights and. For the vulnerable groups, as a molecular and guaranteed by the Constitution and the legal rights It goes without saying that, however due to the complexity of China's rule of law and the particularity of the basic rights of the vulnerable groups, compared with the general public are more vulnerable to invasion, it is their most basic rights are not guaranteed to make the issue of vulnerable groups has become my current outstanding problems, therefore, has reaffirmed the necessary for their basic rights.

On the constitutional rights of constitutional law, all countries have different names. British and American scholars used to be called "human rights", the German scholar is known as the "fundamental rights", the Japanese scholar called "basic human rights"; Chinese scholars mostly according to the provisions of the current constitution of our country of the second chapter is called it "the basic rights of citizens" or "civil rights". Since the civil rights title and international traffic does not agree, scope of the guarantee and constitutional rights do not match (such as the protection of human rights in the China foreigners), the Chinese scholars have the constitutional rights called "constitutional rights". For the vulnerable groups, some constitutional rights is crucial, it is these rights and lack of necessary security only in the "weak" position in the social life, so I will call it the basic constitutional rights. On the constitutional rights of citizens, since our country is long-term in the understanding of the existence of a misunderstanding, think the constitutional rights is the constitutional rights, such as "the fundamental rights of citizens is defined by the constitution, citizens for the realization of their own interests, essential claim or free, so as to not act as some kind of qualification or possibility". This view is greatly narrowed the scope of constitutional rights, basic human rights as the whole society is self-discipline, to ensure the survival and development, its own maintenance and their dignity as human beings and to enjoy, in the development of human society constantly in the process of the formation and development of rights; they are neither "talent", is not constitutional, but the inherent, but also more recognized by the constitution. Due to the social development, economic or political, some rights have not been confirmed by the constitution, but the right to survival and development of people is the most important, so these rights should belong to the category of constitutional rights. Attribute is not because the constitution no regulations and deny its existence and constitutional rights as human rights into the constitution, we can't deny the existence of human rights. To investigate the characteristics of vulnerable groups after we know the vulnerable groups is the most basic constitutional right to subsistence, development rights, labor rights, equal rights, the right of relief.

Right to live. Right to life as a clear concept of right, first began in Austria with the utopian socialism tendency jurist A.Menger1886 written all the labor rights "history", in this book, labor rights, labor rights, income rights are thought to be caused by underlying economic base for a new generation of the right. Right to life is put forward based on the specific conditions of material life, people according to their nature is enjoyed in a society and the state of its own life the most basic rights. If a person's right to life can not be guaranteed, then talk about any other right also have no meaning. The Chinese government has always attached great importance to people's rights. Jiang Zemin pointed out, realizing and ensuring the right to survival and development of the broad masses of the people, we are defending human rights, the most important work. Citizens enjoy the basic human rights is to protect the bottom line survival. Vulnerable groups most does not have the source of income or income rarely, some even basic food and clothing problem solving. China's current social security system due to the late start, the design is not perfect and there is scope of implementation of social security of small, narrow coverage, low level of the overall plan , socialized management and service level is low, the security function weak. The weak are not all be incorporated into the social safety net, survival rights have not been effectively. Therefore, protection of vulnerable groups rights still has a long way to go.

Right of labour. Labor rights and labor rights, mainly refers to the chance of labor and appropriate conditions of labor rights. In modern society, citizen's labor right is the necessary conditions for the right of existence. Without the right of labor, human existence can not be guaranteed, therefore the labor rights and the right to life is closely related to. According to China's constitution says, labor rights include the right of labor remuneration right, and the right to rest. Citizens enjoy the right of labor means that the state must actively providing employment opportunities and conditions, this is the inevitable requirement of labor right as a positive right. China's constitution also stipulates the state through various means, employment creation work condition, strengthen labor protection, improve working conditions, and in the development of production, improve labor remuneration and . In China's economic reform and economic development level, the protection of labor rights to protect the rights of vulnerable groups to achieve the security, it is the labor rights are not guaranteed to vulnerable groups living conditions and even threaten their survival. Thus, the right of labor is very important for the protection of the rights of vulnerable groups. However, as Marx said, the right can not go beyond the social economical structure and are restricted by the economic structure of cultural development. Because of the restriction and influence the level of China's economic development, labor rights and protection of vulnerable groups in our country is not just as one wishes, in the economic reform has exposed many problems, such as migrant workers Taoxin difficult, the black kiln workers problem etc.. Most of the people in the vulnerable groups have the ability to work but lost the chance of working, unemployed, thus unable to accumulate their own life. Obtain occupation for the workers, is to ensure the stable source of income, material thus dignity and the protection of individual value.

Equal rights. Equality is one of the most important to guarantee the rights of the modern constitution. China's constitution stipulates the equality of citizens in the second chapter. Equality is a privilege, anti discrimination. However, because of China's system, in our country there are a lot of unequal legislation and inequality, the inequality and the legislation of intangible discriminatory that citizens of China into various grades and ranks. Most of the people who denounced is China still is in two yuan structure to implement the urban division, caused urban and rural residents inequality and social economic status is not. The existing household registration system as the product of the planned economy, and ensure the citizenship of inequality, artificially to social One divides into two., farmers will drop to two citizens, between urban and rural areas caused great. Other such as China's long-term existence of female labor discrimination, in recruiting establish discriminatory provisions in the national civil service etc.. Some scholars from the legislative, administrative, judicial aspects of a comprehensive analysis of China's various violate constitutional equality principle phenomenon. The inequality is not only one of the causes of the phenomenon of vulnerable groups, but also seriously restricts the equality of citizens of the right to development, deprived of their access to more employment and development opportunities, especially for vulnerable groups rights caused great damage.

To obtain the right to relief right. Substantive constitutional rights once violated, are required to be remedied, recovery, relief and this is the so-called constitutional rights. Rights remedy is the last barrier to the guarantee of constitutional rights, if there is no constitutional right to relief channels, that no matter how the constitution of right complete so highfalutin is equal to water flowers in the mirror without any significance. About to obtain the right to relief rights constitutional or detailed or simple to give the requirements. Such as the Japanese Constitution the right to petition, accept the referee's rights and the national compensation and the compensation request right; the South Korean constitution crime victims the right to request for help. The constitution of our country the main provisions of the appeal, the right to complain, obtains the national compensation and compensation rights. In our country, protection of the rights of vulnerable groups in, to obtain the right to relief rights has a very important position, some vulnerable groups is not the lack of poverty, but the living rights have been infringed and the lack of relief in the situation alone, such as the city peddlers and law enforcement officers in the area cat mouse war rights have been violated often cannot obtain the relief, migrant workers Taoxin difficult etc.. It is the lack of the necessary relief rights, the protection of the rights of vulnerable groups into social problems, resulting in a series of malignant cases. Can say, all the problems of vulnerable groups in the final analysis are attributed to one point, that is their right relief for poor. In the most basic rights of vulnerable groups such as the right to life and labor rights violations after not remedy legal or constitutional, they have no door to call, to lonely hopeless struggling.

Three,Our constitution of rights of vulnerable groups protection

In recent years, the Chinese government protection of the rights of vulnerable groups in the poured into and achieved fruitful results. Such as a revised "Compulsory Education Law", the compulsory education tuition free, promulgated the "labor contract law" to safeguard the legitimate rights and interests of workers, the abolition of agricultural tax to reduce farmer burden, these measures will no doubt greatly protect the interests of vulnerable groups, demonstrate the superiority of socialism. But in our country the constitutional rights of citizens, regulations, there still exist many defects, these defects are not conducive to the protection of the rights of vulnerable groups.

Firstly, our Constitution on the rights of citizens to take the specifically enumerated, invisible to narrow the scope of protection of civil rights. The constitution of most countries adopt "specific list" and "General Provisions" a combination of legislative mode on constitutional rights. Before it is considered more important constitutional rights stipulated in the constitution, in order to prevent the "specific list". And it is difficult to adapt to the development of constitutional government practice, and based on the specifically enumerated constitutional right, the constitutional rights of constitutional provisions set by some general rules. The general provisions of constitution is a constitutional right to self-development, self-improvement conditions. The constitution of our country in the second chapter enumerates the constitutional rights of citizen, but because of the lack of general provisions of our constitution, constitutional rights are restricted to the constitution expressly. Therefore, in the protection of the rights of vulnerable groups, it is difficult to find the corresponding provision in the constitution.

Some scholars in China from the perspective of the protection of the rights and interests tend to study the social weak. Think those who need the law to protect their legitimate rights and interests of the people, such as children, the disabled, women and the elderly, are the weak society. It is based on the constitution of our country for the particular subject right protection clause, but the author thinks, constitutional provisions on specific human rights can not be considered to be the protection of social vulnerable groups in terms of, because of, women, children, the elderly and the military, retired personnel is not necessarily vulnerable groups, and these terms in the protection of the rights of vulnerable groups with defects. As China's constitution stipulates that the forty-fourth retirement system are only limited to the personnel of enterprises and institutions and state organs such as the system, along with the development of market economy in China, will have a large number of workers of non-public units, and their rights and interests are difficult to find protection from the basis in current constitution, not to mention the vulnerable groups they among the. If the forty-fifth constitutional China stipulates the right to obtain relief, "citizens of the people's Republic of China in the old, ill or disabled cases, have to obtain material assistance from the state and social rights. The national development and enjoy the right to social insurance, social relief and medical and health services." From the terms of the Constitution can be seen in the subject of right relief obtained only in old age, disease and loss of ability to work the case and does not include natural disasters or in other cases citizens lost jobs. I think this is a great defect, in China's current economic development level, the surplus labor force, the emergence of a large number of unemployed or unemployed, their limbs, and did not lose labor ability, but no employment opportunities in the edge of poverty. The existing constitution has rejected these people get relief.

Two is the number of basic constitutional rights of citizens of our constitutional vacancy, and these rights for vulnerable groups, the protection of constitutional rights is also extremely important.

The right to strike. In February 28, 2001, the ninth meeting of the twentieth NPC Standing Committee decided to, the international convention of UN human rights document "the approval of the Chinese government signed in October 27, 1997 the economic, social and cultural rights". The Convention requires States parties to respect the right to strike. In 1982 the Chinese Constitution stipulating the right to strike is not a reason. The basis of the socialist economic system of our country is the socialist public ownership, and socialist public ownership eliminated the system of exploitation of man by man, to let each person do his best, the principle of distribution according to work. Changes the nature of the work, workers become the masters of the country, whether it is state-owned enterprises workers also collective economic organizations should treat their labor to the attitude of the masters. It is because of China's socialist political system to eliminate the contradiction between labor and management conflict between the proletariat and the business owners and workers and employers. As workers enterprise owners may not need not be strike. But it should be noted that, now our country reform of socialism market economy, the emergence of a large number of private economy, foreign capital economy, individual economy and other non-public sectors of the economy, the enterprise workers already difficult to master attitude itself. On the contrary, many private enterprises exploit workers phenomenon is very serious and widespread, causing tension between labour, caused a lot of labor disputes. The right to strike is an effective legal mechanism of market economy society is necessary for the protection of the rights and interests of the working class. Lawful strike is a market economy under the conditions of normal economic and cultural phenomenon, is not anti social phenomenon. Therefore, in order to balance the relationship between private business owners and workers, legislation should re-examine the workers the right to strike, the scope of the legal regulation, which can guarantee the legitimate rights and interests of workers are not violated and can alleviate the social contradiction, easy to solve the labor dispute.

The freedom of migration. "International Convention on Civil and political rights" provisions of article twelfth, lawful in within the territory of a state, each person in the territory had the right to enjoy the freedom of movement and choice of residence, freedom. Rights other than the law and regulations for the protection of national security, public order, public health or morals, or the rights and freedoms of others required and recognized in the present Covenant not inconsistent with the restrictions, should not be subject to any restrictions. In 1954 the Chinese Constitution clearly stipulates that citizens have the freedom of migration, but in 1958 January the NPC Standing Committee passed the "the people's Republic of China Household Registration Ordinance" great freedom of migration to limit. Since the formation of China's urban and rural dual structure two. After more than 50 years, have issued the "city vagrants and beggars detention and repatriation measures", "the Ministry of public security on the strengthening of cutting staff management work of the notice" restricted citizen's freedom of migration of normative documents. These provisions will farmers never surpassed in the countryside not only limits the free development of farmers, more is a channel of the deprivation of rural vulnerable groups, greatly against rural vulnerable groups rights. Since the reform and opening up, problems become more prominent, these regulations gradually can not adapt to the development of market economy has also led to a series of problems. From the legal form, the freedom of migration is a basic requirement for free movement of citizens, to display their talent to the place. Not only is one of the necessary conditions for the pursuit of happiness rights of citizens, but also has great role in promoting economic development, social progress and democracy. For individuals, the freedom of migration can mean from oppression, our environment to come out, in addition to seek a more suitable for their own development opportunity. Therefore, comply with the economic and political reforms and the protection of human rights of farmers, shall be restored in the Constitution Constitution of 1954 about the freedom of migration rules, at the same time to reform the residence registration system. The reform of household registration system, the abolition of restrictions on the identity of the system, realizing equality, protect everyone's right of free migration, will be of great significance in the democratic progress in China. The value of constitutional freedom of migration issues involved are not purely free flow in order to meet the needs of economic development and utility to promote labor force, more important is to protect the human rights of migrant labor.

Three is the lack of security mechanism of constitutional rights. China's constitution provides for the basic right of citizen is a declaration, in an abstract sense, its security depends on the common law to realize. But due to the flaw of constitutional review system in our country, in fact the unconstitutional review on common law and other normative documents are not implemented, resulting in a large number of ordinary law violated the constitutional rights of citizens of the phenomenon is not correct. These laws infringe the rights and interests of the most vulnerable groups. Proceedings relating to the constitutional rights of more and more in recent years prove ineffective in our constitution, the constitutional rights of citizens guaranteed. But the lack of review of constitutionality is greatly damaged the dignity and authority of the socialist legal system, it caused great damage to the rights of vulnerable groups. Although established with some constitutional rights lawsuit economic reforms of judicial review mechanism for our country provides a good opportunity, but because of various reasons that China and the judicial review mechanism just miss the person or opportunity. For the establishment of an effective system of constitutional review in China, China still has a long way to go.

Four,Finally, the Normative Constitution -- to protect the rights of vulnerable groups

Admittedly, our country government regarding the rights of vulnerable groups have been unremitting efforts and has made great achievements, such as the "three rural issues", about the problems of rural education, social security and so on laid-off workers. But as some scholars have pointed out, China's protection for vulnerable groups has the disadvantages of heavy policy and lack of constitutional protection. Therefore, China must strengthen the constitutional protection of vulnerable groups, to show our concern for the constitutional rights of vulnerable groups.

Through the analysis, many of the rights of vulnerable groups are related to human rights, because of their rights poverty leads to no guarantee of its survival rights, human rights, caused by the society for the protection of constitutional rights for vulnerable groups. From China's actual situation, the protection of the rights of vulnerable groups to pass legislation to solve, but its root is in the constitution, the constitution only solves the guarantee of human rights from the law level, to the general legal protection for vulnerable groups of the constitutional right to provide more vast world. Therefore, how to resolve the constitutional protection of the rights of vulnerable groups is the first problem.

It should be said, our constitutional defects on the protection of the rights of vulnerable groups is a miniature protection defects of our constitutional rights, it really is the reflection of the inadequacy of our constitutional rights of citizens, protection. If the constitution is to protect human rights, constitutionalism should always be ahead in restricting power and protecting right of way, so our country constitution like a stray lamb, dozens of years still did not find the forward direction. While the constitution of lost and ignore the protection of citizens' right to not only make China many problems cannot be solved fundamentally, it will cause the accumulation of social contradictions, will eventually lead to serious social problems increasingly. Many of the social problems faced by our country, such as the clash, group events are high, and the Constitution can not play its function has more or less relationship. Can say, the development direction of the problem is not solved, the constitution could not return to the right path, the sharp social problems will be difficult to be solved.

Therefore, to the constitution to protect the rights of vulnerable groups, and that is how to use the constitution to protect vulnerable groups problems, but how to solve problems using the constitution to protect the rights of citizens, because once the real solution to the security of the rights of citizens, protection of the rights of vulnerable groups will be smoothly done or easily solved. This raises a very serious and realistic problem, a what kind of constitution, we really need, or that the development direction of China's constitutional problems. America scholar Karl Lowenstein to the constitution divided into normative constitution, nominal constitution and semantic constitution. In the standard to re-examine our historical constitution, the constitution of our country is hardly a normative constitution, nor the scholars of our country constitution belongs to a nominal constitution or semantic constitution made a clearly defined. But one thing is certain, attempt nothing and accomplish nothing in the political life of the state constitution is definitely not what we expected. What we expect is to is closely related with people's life, to give people the right to safeguard the constitution, the Constitution and society must enter into a "inhabit" relationship, in this relationship, the constitutional norms riding political process; on the contrary, power operation can also adapt to and from the constitutional norms. This is the normative constitution, only to make the constitution of our country has embarked on his journey of normative constitution, constitutional protection of civil rights and the rights of vulnerable groups is only meaningful. Normative constitution has at least two characteristics: one is always will safeguard the people's rights as the ultimate goal; the two is to establish a complete system of unconstitutional review. Although whether China has established normative constitutional condition is still need to discuss the issue, but the reality is for providing us with the opportunity of normative constitution. A vulnerable groups rights infringement events that people on the rights of the desire, also provides the opportunity for the establishment of China unconstitutional censorship. If the constitution to safeguard the rights and judicial review in China DOSOMETHINPREVIOUSLYUNRELEASED, to standardize the constitution will point the day and await for it.

The author thinks, consider from the implementation of normative constitution perspective, from a long-term point of view, to achieve the protection of the rights of vulnerable groups and even the realization of the rights of all citizens should be guaranteed through the following ways:

One is to expand the scope of the constitutional rights of citizens by amending the constitution or make a human rights guarantee law. As mentioned earlier, our Constitution provides for the constitutional rights of citizens is the specifically enumerated way without general terms, aeriform in narrowing the scope of protection of the constitutional rights of citizens, which is not consistent with the international practice. Therefore, to realize the protection of constitutional rights of vulnerable groups, should increase the citizen's constitutional rights by way of amending the constitution, citizens will be the necessary constitutional rights specified in the constitution, such as the right to life, right to development, moving right, environmental right, when necessary, should also consider the right to strike into the constitution. Or according to the provisions of section third of the constitution of our country thirty-third alone to make a human rights guarantee law, will cover the needs of vulnerable groups of society pay close attention to the community's basic human rights stipulated in the regulations, and the subject and procedure guarantee clear, so that the protection of human rights in real life practical.

Two is the construction of the constitutional review system. A long time since our country attach too much importance to the tool value method to the neglect of the constitution as the law should have the character, that the constitution is to provide a legal basis and ignore the restriction on state power for the country's ruling security and on the rights of the people, even thought the state legislature is not unconstitutional. While the constitution of power restriction and to the right safeguard is the charm of the constitution.

Due to the lack of understanding of ruling party constitution, the constitution of our country is very simple provisions for judicial review, only in the National People's Congress and its Standing Committee authority stipulated in the constitution "to supervise the implementation of the right to", but because of the lack of appropriate procedural requirements, so that the two organs of constitutional case review and not in earnest. On the establishment of the system of constitutional review, the scholars of our country mainly, different views, scholars have constructed many constitutional review system according to the Chinese conditions. In recent years about judicial review for NIKKO, many scholars claim that give the court the power of judicial review. But due to the lack of constitutional review system in China has many shortcomings, although many occurred in the real life of constitutional case for the establishment of the constitutional review system provides opportunities, but the constitutional review system in China is still no progress. Because our country is "combination of legislative system of people's Congress", administrative power and judicial power in the legislative power, therefore, the basic political system will be the power of judicial review to the people's court and the contrary, therefore, judicial review system is not only by some scholars oppose, but have not been the constitutional practice in china. Admittedly, judicial review system of our country dummy caused a lot of unconstitutional phenomenon exists not only for the authority of the constitution of our country is a big damage, while reducing the ruling party the authority in people, but also the protection of the vulnerable groups and the constitutional rights of citizens of the extremely disadvantageous, also has the constitutional government spirit. From the provisions of our constitution, the constitution of China itself is not exclusive to the constitutional review. Therefore, the author thinks, should proceed from the actual situation of China's constitutional construction to construct the system of unconstitutional review. At the same time to strengthen the National People's Congress Standing Committee for legal review functions, giving the Supreme People's court in the administrative litigation in judicial review to administrative regulations, local regulations, and rules of the right. At the same time be clear and detailed regulations on the two organs of the constitutional review process, making it feasible. Because, the Supreme People's court created by the National People's Congress and its Standing Committee, does not belong to the government, so give it to administrative regulations and local regulations and rules of the power of judicial review is not in violation of China's "separation of powers" of the people's Congress system. At the same time, with China's existing administrative litigation, can restrain administrative organs better power, so as to better protect citizens and the rights of vulnerable groups.

Five, the conclusion

The phenomenon of vulnerable groups in China is inevitable in the process of social transition phenomenon, as the constitutional guarantee of rights of vulnerable groups is the proper content of constitutional responsibility and the constitutional construction, do not let any of the rights of vulnerable groups to pay no heed to the spirit of modern constitutionalism. Only when the rights of vulnerable groups protection into the Constitution View and the constitutional government, development will be the operation of the entire society everything in good order and well arranged in the rule of law and constitutional track, the ultimate care can reflect the modern democratic constitutionalism spirit is "right for human value, dignity, freedom, people". Otherwise only shows the deformity and morbid social development, only shows that a constitution on the rights of the people ignore and completely indifferent, but be misfits and spirit of modern constitutionalism. Only the protection of vulnerable groups rights under the rule of the real manage, safeguard the people's rights will not be in vain. But the constitution as the final barrier to protect the rights of vulnerable groups, and only in the play as the role of the constitution, to protect the rights of vulnerable groups is the ultimate significance. Therefore, no matter from the protection of the rights of vulnerable groups angle or protect the rights of the citizen's point of view, the Constitution by the declaration of constitution to normative constitution is the primary task of construction of Chinese constitutional government faces in the constitution, but also be able to play its due role can never be more of a stage, the stage of any attempt to the Passover to safeguard the people's rights advocates will on empty.