弱者、法治与社会公平

The Disadvantageous,Law and Social Justice

弱者是处于相对劣势地位的人,是一种社会的客观存在。对弱者的保护历来都为法律的重要内容。但是,对弱者的保障与扶助也可能与法治的理念相抵触,因为它可能导致国家权力的扩张,从而使法治名难符实。同时,弱者要作为社会公平问题对待,也同样需要相应的制度和理念来支撑。

The disadvantageous, a social existence, are people who are in an inferior position. The protection of the disadvantageous has always been an important content in law. However, the protection and support of the disadvantageous can also contradict some of the ideas in law, for it may lead to the expansion of state authority power, making the law fall short of its reality. Meanwhile, as a group in need of social justice, the disadvantageous also require the support of relevant systems and ideas.