Thinking on the problem of vulnerable groups relief
 Vulnerable groups in society, is a relative concept. He has a meaning and scope of different in different social and historical period. But the vulnerable groups as an objective social phenomenon, exists in each historical stage of development and human society. How to care, assistance to vulnerable groups, has always been an important issue of common concern, the pursuit of human equality, harmonious society. At the same time also many sociologists from ancient to modern times, including the economist, jurist, continuous research, a hot issue discussion. vulnerable groups exist, with its many social reasons, can be said to an inevitable phenomenon, here we inconvenience. But how to protect the rights of vulnerable groups, relief of mankind must directly face the common problem necessary to be solved. In this age that the rule of law, legal relief as many remedy, and to protect the interests of vulnerable groups plays a more important role. So, how to perfect, perfect the legal relief system of vulnerable groups is directly related to China's "rule of law", the comprehensive construction of a socialist legal system process, but also related to the fundamental interests of the overwhelming majority of the people in china. We must make a careful study of the truth of this society, and explore new ideas for better protection of the rights of social vulnerable groups.
The definition and scope of the vulnerable groups
1, the definition of vulnerable groups
Vulnerable groups mainly refers to in an unfavorable position in the economic income, social status, rights, competition ability, the national and the social support of social groups. This definition is most sociologists and jurists agree, is I believe that is the vulnerable groups is more objective, comprehensive explanation. vulnerable groups as an objective social phenomenon, its definition is always according to different standards and have many different. Therefore, in addition to the previous definition, there are also some more representative of the argument. Some scholars pointed out: "the social vulnerable groups is by virtue of its own strength to maintain general social life has the difficulty of the group." The scholars think: "vulnerable groups is to create wealth, wealth ability is weak, their employment competition ability, basic life ability of the poor population." The other scholars: "social vulnerable groups has a financial interest in the distribution of social resources of poverty, low levels of special social groups living quality and affordability of vulnerability." ③
Scope 2, vulnerable groups
 The scope of the correct definition of vulnerable groups to improve the relief system of our country law pertinence and operability are important for. At the same time also directly involved in the process of legal system in legislation, judicial, law enforcement and other work. So, what those people belonging to vulnerable groups, the definition of vulnerable groups and combined with the current situation of our country all social strata division. According to the different causes of vulnerable groups, generally can be divided into physiological vulnerable groups and social vulnerable groups. Physiological vulnerable groups mainly refers to the existence of natural or acquired physiological defects and were in a vulnerable stage of special social groups, and in need of help given to the state and society. Physiological vulnerable groups in different societies, different times have a common characteristic, so it has a certain fixed. The social vulnerable groups, along with the development and changes of the society has different content. Compared with the forces of present social status of China and each class, social vulnerable groups in our country mainly includes the following the crowd:
 1Migrant workers groups. Migrant workers from the countryside to the city to make a living be forced to leave one's hometown flow, because of its long time at work, labor intensity, poor working conditions, low wages, labor insurance is not in place, the lack of social security and other unfavorable situation, make it more and more for the country and society. The party's sixteen plenary session will be building a harmonious socialist society in a prominent position and material civilization, political civilization and spiritual civilization construction in parallel, farmers work for a large social vulnerable groups, the lack of protection of the rights and interests has become one of the major contradiction in the current construction of a harmonious society in China. The
 ⑵The urban poor people. Although urban population relative to the rural population, systematic security system, but because most of the work on the security of the implementation of existing and not as a resort to deceit phenomenon. So the poor town is become the social vulnerable groups. The typical is the town's begging people.
 ⑶Rural workers. Workers in rural areas because of the influence of geographical restrictions and the country's economic development policies, enjoy the wealth of society, development opportunities, education and other aspects are at a disadvantage. It is a large social vulnerable groups.
 ⑷Three low social groups. Three low social groups mainly refers to those of low income, low education, low status of the crowd. Three special low population determines its whether rural population or urban population, certainly will become necessary for the state to help social vulnerable groups.
Two, the legal relief system
"Relief" the meaning of the word is the difficulties of life to give a remedy or to help the economy. According to China's "modern Chinese Dictionary" interpretation, relief refers to money or material to help the disaster areas or living a hard life. ⑤ but will remedy, a word in the legal system, it has its special meaning. In accordance with the "Oxford Law Dictionary" interpretation, relief is correct, improper behavior modification or correction has occurred or has caused harm, damage, loss or damage. Combined with the above point of view, the author thinks that the legal relief refers to the state through legal procedures and ways of adjudication of disputes, to stop the infringement, correction, maintaining the lawful rights and interests of the injured party, given its legal remedy. And the legal relief system is defined by the standard law and related laws and regulations system composed of.
The concept above from legal relief and discusses in detail the legal relief system, below we will from another two aspects discusses the connotation of legal relief system.
 1,From the legal remedy system experience at home and abroad
To remedy to achieve new breakthroughs and innovation in the legal system of vulnerable groups present, must be combined with China's social reality, summarizes our country before the legal relief of the theory and practice experience. The legal protection of vulnerable groups in western countries, after a long road of development, has accumulated a wealth of experience, formed a relatively complete system of legal relief system. Therefore, learn from foreign experience is also very important legal relief. Perfect, perfect legal relief system, on one hand, the need to continue further judicial reform domestic ongoing; on the other hand, should also pay close attention to the development trend of foreign related legal system, and actively participate in international cooperation, learn useful experiences for China's national conditions, to establish a China characteristics of vulnerable groups relief theory and practice system.
 2,The system of the vulnerable groups of legal relief
 The vulnerable groups, legal remedy ways, according to the form of relief can be divided into different criminal law relief, civil remedy, administrative remedy.
Criminal law relief to criminal manner, as in criminal lawsuit accused deems it necessary to appeal to a higher court or judicial organs. ⑥
The Civil Relief Act refers to the citizen, social organization, social groups, civil rights are equal subjects of infringement, infringement of a party to the court for civil relief act. Civil relief can be obtained through litigation in the civil trial, but also in the possible by both parties consultation.
 The administrative legal relief refers to when the citizens, social organizations, social groups by administrative subject rights infringement, infringement of a party to the relevant state organs to the administrative relief, to obtain the right to remedy behavior. The administrative legal relief can be obtained from higher administrative official complaint, but also to the administrative tribunal, arbitration tribunal filed procedure and obtain.
The vulnerable groups, legal remedy ways, depending on the law can be divided into substantive law and procedure law relief two relief. As the name suggests, the entity law and procedure law remedy, the former is the substantive law as the legal basis for relief, while the latter is in the procedural law is the legal basis of relief. Two ways of legal remedy linked, are indispensable, constitute the system of legal relief of vulnerable groups in china. But in the real society, often unreasonable heavy entity law and procedure law of light relief, legal consciousness that unreasonable not only seriously violate the general principles of law, but also in the practical efficiency is very low.
The vulnerable groups, legal remedy ways, according to the implementation of the main body can be divided into different national legal remedy and Social Remedy two.
Three special vulnerable groups, legal remedy in China
   I have a large population, and the rural population accounts for more than 60 of the total population percent. Because of our long-standing two yuan of economic development model, the development of rural economy, culture, education and other undertakings of long-term lag. At the same time, in the medical, the basic life of rural population in China without any social security more reliable. Therefore, China's rural population will become the largest one of vulnerable groups. In addition, coupled with vulnerable groups formed due to various reasons in the cities, the number of vulnerable groups in China is huge, constitute the main body is complicated.
 A large number of vulnerable groups in our country, the main characteristics, it will form a relief system different from other countries in its unique legal. In view of the particularity of the vulnerable groups in our country, to give full, legal protection of reasonable solutions to vulnerable groups, we must invest more manpower, material resources, financial resources to this area. So how to reasonable, effective integration of legal our country relief cost, is worthy of our in-depth thinking problems. The previously mentioned body vulnerable groups of our complex this feature, and the causes of each vulnerable groups are also different, therefore, to properly solve the vulnerable groups of these different subject categories of legal remedy, and requires more legal resources. This is no doubt on China's legislative, judicial and other related legal institutions or legal workers will be a huge test.
To make a long story short, legal vulnerable groups relief system in our country is facing a severe test, the relevant legal institutions and legal workers also have a long way to go.
 Four, the legal status of vulnerable groups in China Relief
1, the legal relief legislation starts late, but develops quickly.
Chinese since ancient times, is based on Confucianism as the ideological weapon of social control, emphasizes the influence of morality. The Legalists in the penalty law thought is also only as an auxiliary means to rule the country. So, compared to western countries more developed legal system, the legal starting point is low in our country. Therefore, the vulnerable groups in our legal relief legislation lags behind. In the new China before the establishment of the legal relief system, there is no soil formation and development. After the founding of new Chinese, committed to the older generation of legal workers efforts, in 1954, China promulgated the first "constitution", of which thirty-third clearly defined: '' the people's Republic of China citizens are equal before the law ". This is China's earliest relates to the principles provided legal protection problem. But even so, the legal protection of vulnerable groups of related technical regulations, China has never issued. During the cultural revolution, because ten years of turmoil, the legal road in China was severely trampled on, the legislation also appeared the phenomenon of stagnation and even retrogression, serious impact on the legal system of road construction and beneficial to the people's livelihood in china. Until after the reform and opening up, the legislation on vulnerable groups of legal relief and was really into the legal construction of the agenda. Subsequently, special legislation on the legal protection of vulnerable groups such as bamboo shoots after a spring rain like emerge in large numbers. "The law on the protection of minors >><>< have issued. In recent years, the Chinese government in the relief and protection of vulnerable groups is made unremitting efforts. In the legal system, not only in 2003 promulgated the "Regulations on legal aid > > and opinions, then add modify many laws and regulations, such as" City Housing Management Regulations > > abolished etc..
Relief system in 2, potential group legal coverage is not extensive.
From the current our country to protect the vulnerable groups of the legislation, the coverage is not broad, narrow application object. Whether it is "disabled Protection Law > or , < Regulations on unemployment insurance" the subject is limited to the city population in China, and the largest number of rural population is almost no security. Another is the problem of migrant workers. Although in recent years, due to the migrant workers of the social vulnerable groups concerned, the relevant national government adopted a series of measures, and earnestly safeguard the interests of migrant workers, migrant workers to improve the social status. However, most of these measures are based on the national policy as a guide means, but not fixed in the form of law, so to solve fundamental problems of migrant workers, we must formulate specific laws and regulations further clarify the legal status and rights and obligations of migrant workers.
Deficiencies in China on the protection of vulnerable groups is not only reflected in the legislation, migrant workers, farmers on the issue of social security, even in relatively sound urban populations also exist in the legislative blank legislation protection. For example in the town of wandering, begging. Urban Vagrants and beggars, have the protection of some local regulations in some economically developed city. But this kind of protection regulations only in very few city only, and the actual effect of the poor. In short, there is a blank in legislation of legal protection in our country there are many vulnerable groups, the protection of their rights have not been put into clear legal norm.
3,Legal aid service quality is not high
The law of vulnerable groups in our country at present stage relief, is mainly reflected in the vulnerable groups to provide legal aid services. Although there have been "Legal Aid Ordinance" on the object of legal aid, assistance in the form of specification. However, the legal aid services the nominal, formal phenomenon has is the weakness and bottleneck of remedies for vulnerable groups in china. Because of China's legal aid services lack the quality standard of concrete, which will cause legal aid service quality is not high.
Five lawyers in the vulnerable groups, legal relief system of special
  1, the special status and role
     China's "Legal Aid Ordinance, Chapter I general provisions prescribed in article sixth: '' lawyers should be in accordance with the law and the provisions of this Ordinance to perform legal aid obligations, to provide standard services for the recipient, safeguard the legitimate rights and interests of the recipients, accept the supervision of Lawyers Association and the national administrative department." In addition, also specified in the "Lawyers Law > forty-first revised in 2001:" the people in support, industrial injury, criminal litigation, claims for state compensation and requests the court to grant pension needs the assistance of lawyers, but cannot afford lawyers fees, can obtain legal aid in accordance with state regulations." Rule forty-second: "a lawyer must undertake the duty of legal aid in accordance with state regulations, responsible for providing legal service for the recipient." From the above laws and regulations can be seen, the status of lawyers in the legal relief of vulnerable groups is quite outstanding. The legal aid for the social vulnerable groups is not only the legal duty he should do. At the same time its occupation moral and occupation accomplishment is the inherent requirement of. The vulnerable groups are not in the economic poverty status, is in fact a disadvantage, in order to safeguard their legitimate rights and interests should be applied in the power of the third party in order to achieve. Can say, the so-called third party strength refers to lawyers. American Supreme Court justice Sutherland once said: "No lawyer agent, the defendant even completely innocent, there is also a danger of condemned, because he did not understand the rules of evidence, cannot judge convicted or not, also don't know how to do a plea of not guilty." ⑦
The lawyer special legal status in the legal relief, decide the play in the legal protection of vulnerable groups in the role is very important. On the one hand, lawyers have legal knowledge very professional; on the other hand, lawyer as a free occupation, relative to national legislation, judicial organs more easily and widely masses in-depth contacts, and accumulated rich experience in legal practice. Lawyer bearing in society responsibility, decided not to simply commercial lawyer occupation. From the beginning of the lawyer occupation, as is the maintenance of national law and the rights of the individual are pushed onto the stage of history. As Hu Qiaomu once said in praise of lawyers in the poem: "you come with the crown of thorns, you hold to justice. The gate to the law, divine gates, and the gates of hell, but you see every difficulty and lure as material. You have a dream, strong and has the lonely walk on the road which leads to the door of the law, you see behind the more challenging, but you hold the law lets you threw. The visible, the lawyer was regarded as the incarnation of justice, carrying a huge social responsibility. The lawyer plays an important role in the legal society, not only in the aspect of legal aid of vulnerable groups, but the legal relief system vulnerable groups to improve and perfect the role. As a professional legal workers, an important role of lawyers can touch the legislative, judicial, administrative and other links. For example, in the national legislature legislative work stage about the vulnerable groups of legal remedies, the lawyer can the profound legal base to utilize fully, to the legislature for legislative proposals to the legal protection of vulnerable groups, the protection of vulnerable groups from the fundamental rights protection law. But in practical work, a considerable part of China's senior lawyers with the special identity, itself also is the legislative workers, directly or indirectly, participate in national legislation. In the judicial phase, lawyers can stand in the vulnerable groups party, supervision procedure and litigation justice, legal entity Ref. In addition, lawyers in the judicial review of the existing laws and regulations, also often play a huge role. According to so many years experience can be summed up, many of the existing laws and regulations unconstitutional is accompanied by the specific case lawyer was put out. A typical example is the "city housing management regulations' '" the abolition of the.
2, counsel and agent service
 Lawyers in the legal relief in the important position and effect, mainly through the form of legal aid. Legal aid lawyers for the vulnerable groups, mainly through the defense lawyer in litigation with the agency services show. Now the balance between prosecution and trial of criminal litigation structure as the basic principle of neutrality. However, in judicial practice, the criminal proceedings in the prosecution and defense is difficult to achieve a balanced in essence. Because of this, the defense lawyer in litigation and agent service is particularly important in the weak side. The important role of specific performance, during the trial, the prosecution argued with equal, quality certificate, legal opinion aid lawyers can provide professional, help the judge to '' and ", to prevent the judge one sidedness of evidence and randomness in review.
Six, the priority of the criminal legal aid
Criminal procedure is the defendant's personal freedom and even the basic survival rights as well as the victim's personal rights. Therefore, the criminal litigation in the whole legal relief system has as an important role and status. Imagine a cannot provide effective legal relief channel for the criminal litigants country, life will be how to trample. Legal almost all countries have established criminal law has priority in the course of the vulnerable groups in the legal relief system. As Canada 'follow' legal aid to the people who need it the most "principle, thus to provide legal aid for criminal legal aid in order to determine: first, civil legal aid and secondly, it includes the social welfare, child support, other civil legal aid in third, popularize legal knowledge of legal aid's last. ⑨
Criminal law litigation not only relates to the existence of social members rights can be guaranteed, but also related to the national stability and social order. Through legal proceedings the litigation result, can the criminals to the personal and property damage to the country and the people safe to impose punishment, compulsory and deterrent to criminal law. Visible, , priority emphasis on criminal law relief is absolutely necessary.
Seven, perfect, new conception on perfecting the legal relief system of social vulnerable groups in our country
 1, seek truth from facts, combined with the new requirement of current our country socialist legal system construction, to speed up the legal relief legislative efficiency, fill up the blank of law legal relief of vulnerable groups.
  Perfect, perfect legal relief system in vulnerable groups in our country, the first from the legislation to protect the vulnerable groups, legal protection of the law. But our country now to protect vulnerable groups of legislation is relatively insufficient, mainly to protect the city and the people. To break the system barriers that unreasonable, we must speed up the legal relief legislation efficiency, many legal gaps to fill the legal relief of vulnerable groups, so as to construct the legal protection system of multi-level legislation.
1,Should be based on article thirty-third of the constitution of the principle provisions, clear on the vulnerable groups of legal remedies.
⑵,In the basic law, the scope of application of vulnerable groups, the relief system and implementation methods of general law to all vulnerable groups. Combined with the practical needs of current society, best can begin to formulate a "vulnerable groups protection law > as the basic law regulate the protection of vulnerable groups.
⑶,As soon as the farmers of this social group, as the legal protection legislation crucial subject, according to the actual rural, agricultural population legal protection law > > special ", make the farmers enjoy and city population in the legal protection of no difference in this treatment.
 2, perfect, perfect legal aid system
  Legal aid refers to lawyers, legal aid agencies working personnel and social organizations, social organizations and institutions such as the personnel, for the criminal defendant, victim or civil or administrative proceedings the plaintiff to provide legal assistance activities. Legal aid system is an important legal relief, to its pertinence, stability and operability characteristics, play an important role in the protection of vulnerable groups is There is nothing comparable to this advantage can not be replaced. Although in 2003 China promulgated the "Regulations on legal aid", but the administrative laws and regulations can not fully meet the actual needs of legal aid work. Therefore, it is necessary to further improve and perfect the legal aid system, power and strength to strengthen the legal aid work.
1,Strengthening the construction of China's legal aid institutions at the grass-roots level
The legal aid institution is the basic cell system of legal aid in China, is also the basic unit of legal aid. In recent years, China's grass-roots judicial range continues to expand, they go deep into each villages and towns, the completion of a large number of legal aid work, indeed for our country's legal aid work of the overall level of development has played an important role in promoting. After the legal construction of the road, to further strengthen the construction of judicial level, with better human, material and financial resources, to the construction of judicial institute, so that it better for vulnerable groups of the grass-roots for legal aid work.
⑵,From the legislation of legal aid services. Improve our coverage
The legislation to protect vulnerable groups, not just rely on the law alone or sporadic laws, but should be in a complete legal aid system in the legal aid for vulnerable groups of specification. Therefore, some scholars put forward, it is necessary by the State Ministry of justice and the Ministry of finance, the Supreme People's court and administrative, judicial organs and the legislature, as soon as possible to develop "'the people's Republic of China legal aid law'", in order to improve the effect of level of legal aid law, expand their scope of work. On this view, the author also strongly agree.
⑶,To improve the quality and effectiveness of China's legal aid services
As already mentioned in our current legal aid services nominal, formal problem. But the reason is not difficult to find, rooted in the lack of specific measures of legal aid service quality standards. The quality of the legal aid service, "Legal Aid Ordinance > > sixth only made general provisions; '' lawyers should be in accordance with the law and the provisions of this Ordinance to perform legal aid obligations, to provide standard services for the recipient, safeguard the legitimate rights and interests of the recipients, accept the supervision of lawyers association and the national administrative department the." As for what kind of service is in accordance with the standards of service, in China's existing laws and regulations is not to find legal basis. It is the lack of a specific law aid quality standard operation, can cause the legal aid services nominal, disadvantages of formal. Therefore, it is necessary to formulate a set of quality legal service standards in the laws and regulations regulating the legal aid services. Only with the proper measure of legal aid service standards, in order to improve the quality of legal aid services to vulnerable groups and effectiveness.
 In addition, in addition to quality standard fixed legal aid services, incentive and information feedback mechanism in the construction of the legal aid services, strengthen the practices of lawyers norms can effectively improve the quality of legal aid for vulnerable groups.
⑷,The establishment of a high level of legal aid service human resources team
At the sound of the legal aid system, also need legal staff, professional to farewell, to play its due performance. Can say, have a strong, professional legal assistance team is directly related to a country's legal aid overall level of service quality is strong enough. In recent years, our country in this aspect has made the beneficial attempt, such as incentive, guidance law college graduates to the foundation of the judicial social vulnerable groups of the legal aid work, will be a very in-depth promotion measures. In addition, the backbone of the legal aid work in the occupation, the level and quality of the whole also has a profound impact on the construction of China's legal aid service human resources team. So, should strengthen practice discipline and social responsibility of law norms.
3,Increase publicity and education of legal knowledge, enhance the legal consciousness of the vulnerable groups
The legal relief to vulnerable groups should also through various publicity channels, to carry out a variety of legal activities, to attract the public to the vulnerable groups relief more attention and participation. Take care, protect the interests of vulnerable groups as a social virtue to the youth education, to lay a good foundation of legal relief of vulnerable groups. In addition, each member should encourage and help vulnerable groups to establish strong sense of self preservation, the courage to stand up and stretch their legitimate rights and interests.
4,Coordinating various legal relief resources, strengthen the legislative, judicial, administrative departments of cooperation, so as to establish a long-term, coordinated legal relief system
On the legal relief of vulnerable groups is a difficult social engineering, he can not by that a separate department to finish. It requires cooperation legislation, judicial, administrative and other departments, in order to achieve good results. As vulnerable groups legal relief system itself, but also by '' legal aid, legal aid, consisting of victim assistance "of the three relief system. In March 29, 2007 the Supreme People's Court of session: '' further improvement of legal aid, legal aid, a system of three relief of victims, is the three largest aid system form the benign interaction situation, fully embodies the humane care of justice. The visible, and only fully integrated '' '' three sector "three system" resource advantage, do all the work coordination, to form a long-term, effective legal relief system.
  The significance and function of eight, perfect, perfect legal relief system of vulnerable groups
       1, reflecting China's' 'people-oriented, building a harmonious socialist society "tenet.
       2, China is building a socialist legal system, the important part of the strategy of rule of law and the inevitable requirement.
           To provide better legal protection of vulnerable groups is the embodiment of legal fairness and justice. Our Constitution also clearly stipulates the principle of equality before the law. Therefore, vulnerable groups as part of a society, equality should be other social and civic. Only in this way, can the legal form of equality into the real equality.
3,To improve the overall level of legal system of our country and international image.
In order to improve our overall level of legal system, must make the law of sunshine into every corner of society, there may not be any neglect, legal vulnerable groups protection thus cannot be. A country's position in the world in addition to decide to political, economic, cultural level, the legal level has become the national status and image measure. Therefore, to improve and perfect the legal relief system of vulnerable groups can also enhance the international status and image of our country.

The paper notes:
1,Zheng Hangsheng editor: "the transformation of the Chinese social and legal governance", Capital Normal University press, 1996 edition, page thirty-second
②,Deng Weizhi: "the perspective of social vulnerable groups > >, > second period, fourteenth pages
③,Chen Chengwen: "the social weak theory", current affairs press, 2000 edition, page second
④,Liu Jinguo, Jiang Lishan editor: "the China social transformation and legal governance", China legal publishing house, 2006 ninth
5,China Language Institute of the Academy of Social Sciences dictionary editor: "modern Chinese Dictionary" (2000 EDITION) Commercial Press, 2002 edition, page 667th
⑥,Shen Fujun: "the China administrative procedure theory", Peking University press, 2008 edition, page twenty-third
⑦,Powell.Alabama, 287U.S.45 (1932)
⑧,Tang: '' Chinese rocket lawyer status, current situation, reflection and prospect "load" social science research ", in 2002 the first period
⑨,Fu Xiaobing: '' the Canadian legal aid system of "Fu Xiaobing:" the foreign legal aid systems introduction > >, Chinese inspect press, Twelfth pages
⑩,Liu Genju: Several Issues of legal aid system, load < > political forum, 2001 first phase

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