我国的劣势群体问题与法律对策——以拾荒者为个案

An Investigation of the Disadvantaged Group Issues and the Corresponding Legal Strategy——A Case Study of the Urban Garbage-pickers

以进城农民为主力军的拾荒者是集弱势与边缘于一身的“劣势群体”。他们与农民工、下岗工人等一样,也是社会竞争综合能力较低的弱势群体,他们是伴随着中国现代化进程中城市垃圾处理滞后的现状而产生的。我们应在超越对弱势群体予以保护的传统思维方式的同时,提出社会法上的综合“导向性平衡”对策,以寻求劣势群体问题之系统解决方法。

The garbage-pickers mostly migrating into cities from rural areas are of the typical disadvantaged groups, who together with agricultural laborers and unemployed workers are regarded as the vulnerable groups . And as a result of the lags of the disposal of garbage in national modem construction, the groups has now become into a phenomenon. This essay, on the basis of the survey on the garbage-pickers in Liufang Trash recycling station in Wuhan, aims to analyze the origin of the disadvantage of garbage-picker and accordingly come up with the comprehensive ＂Guiding balance＂ strategy from social law instead of simply offering protection to the disadvantaged groups