“弱者”范畴的学理考察与辨析

近十年来学界关于"弱者"问题的研究持续升温,对"弱者"认识见仁见智。法理视域下的"弱者"范畴应以公平正义作为价值取向,以权利义务为基础,以"扩权"与"限权"、"减负"与"加责"、"成本"与"收益"为必要调适手段,并置于特定的社会关系中加以具体考察界定。

Theoretical investigation and analysis of the category of disadvantaged group

Researches on the issues of disadvantaged group have been heating up in the past decade, resulting in different views about its connotation. In the perspective of law, we should define the category with fairness and justice as its value orientation, rights and obligations as its basis, and ＂limiting rights＂ and ＂expanding powers＂, ＂alleviating burdens＂ and ＂increasing responsibilities＂, and ＂cost＂ and ＂benefit＂ as necessary adjustment tools, studying disadvantage group in the context of certain social relationship.