法律语境中弱势群体概念构建分析

An Analysis on the Concept of Weak Group in the Context of Law

弱势群体本质上是一个社会学概念,法律语境中的弱势群体既包括经济贫困群体,也包括权利贫困和能力贫困群体。弱势群体应根据人的社会地位、生存状况而非生理特征和体能状态来界定,它在形式上是一个虚拟群体,是社会中一些生活困难、能力不足或被边缘化、受到社会排斥的散落的人的概称。

In essence, the social disadvantaged group is a sociological concept. It includes both the group whose members are poor in property and the group whose members are poor in rights or poor in ability in legal context. The disadvantaged group should be defined according to people＇ s social status, the situation of their livelihood other than physical characteristics or physical stamina. Formally, it is an invented group and an ap- pellation to caption the scattered people who are deprived of opportunities or poor in ability to make living, ex- cluded or ostracized by the society generally.