弱势群体保护的社会契约基础

The Social Contract Base of Protection to the Disadvantaged Groups

根据订约语境的不同以及契约传统和价值取向的不同,社会契约可分为同意型社会契约、互惠型社会契约、平等型社会契约和人本型社会契约。社会契约视域下的弱势群体可相应界定为:没有实际参与同意过程而使缔约目的没有充分实现的人群;没有从社会契约中受惠并与契约伙伴同步发展的人群;没有在立约时被平等对待并予倾斜保护致其基本人权受到侵害的人群;没有在契约重大变更时处于有利地位而被作为功利考量牺牲品的人群。弱势群体保护的社会契约责任基础包括:同意型社会契约政府责任之自由基础、互惠型社会契约个人责任之功利基础、平等型社会契约社会责任之正义基础、人本型社会契约动态完善之人道基础。

Acording to the difference of contracting context, contract tradition and value, social contracts can be classified as following： Social contract of the type of agreement; Social contract of the type of reciprocity; Social contract of the type of equality; Social contract of the type of human-priority. From the viewpoint of social contract, the disadvantaged groups can be defined as： the groups not practically participating the agreement process which leads to the failure of achieving the contracting objectives fully; the groups not benefiting from the social contract and not develop together with their contract partners ; the groups not being equally treated in the conclusion of the social contract and whose basic human rights suffered infringement ; the groups not being in the advantageous position in the important alteration of the social contract and being taken into account as utility sacrificial lamb. The base of social contract liability of the protection to the disadvantaged groups concludes： The governmental liability to protect the disadvantaged groups is based on individual liberty; The individual liability to protect the disadvantaged groups is based on social utility; The social liability to protect the disadvantaged groups is based on social justice; The dynamic perfection of social contiact is based on humanitarian concern .