在人类社会的发展过程中，与自然界一样，强者与弱者并存。中国改革开放后，中国的经济结构、行政体制都发生重大变化。经济体制从计划经济向社会主义市场经济转变；经济制度从单一的公有制向以公有制为主体、多种所有制共同发展转变；分配制度从单一的按劳分配向以按劳分配为主体、多种分配方式并存转变。由于社会收入分配制度和社会保障制度的不健全，社会贫富差距扩大，在社会变革之中，形成了一个规模庞大、结构复杂、分布广泛的群体——弱势群体。在一定程度上，弱势群体是现代文明演进过程中制度性因素的牺牲者。中国弱势群体的规模已经达到1.4亿—1.8亿人左右，占全国总人口的11%—14%。2002年3月5日，朱镕基总理在九届人大五次会议上所做的政府工作报告中要求“对弱势群体给予特殊的就业援助”，这是中国政府文本中第一次正式使用“弱势群体”的概念。弱势群体的存在引起了社会学、法学、经济学等领域的共同关注。因为“人之所以贵为人，就在于人有被尊重，被关怀的需要，社会弱者也不例外，甚至因其社会地位的卑微更渴望得到人格尊严上的尊重”，所以不能以牺牲弱势群体的利益来谋求社会的发展。

In the period of the social transformation in modern China， the existence of the social vulnerable group is unavoidable. It is the duty of the Chinese government to offer the legal protection to the social vulnerable groups. The definition of the social vulnerable groups is different according to the different subject. While every scholar agrees that the scope of social vulnerable groups is comprehensive including any person who is in the disadvantaged conditions in the social life. The social vulnerable groups are divided into two kinds. One is natural vulnerable group, such as minors, seniors and the disabled; the other is social vulnerable group by the social reason. The social vulnerable groups need to be protected in the analysis of the legal theory, including the humanism, the equality of human rights, the nature of law justice and the choice of legal economy. The social vulnerable groups shall be protected by law not only in the formal equality, but also the substantive equality. Moreover the substantive equality emphasizes on the protection of the social vulnerable groups. Now there are many laws in China to protect the social Vulnerable groups. First, the Constitution. Arts. 45, 46, 48 & 49 stipulate the protection for the disabled, seniors, women and children. Second, the general law. Arts. 1, 18 & 19 of the Criminal Law provide the special stipulations for the crimes of the minors, the mental patients, and the deaf-mute or blind persons. They may be given a lighter or mitigated punishment or be exempt for punishment. And there are some provisios to protect the social vulnerable groups in the General Principles of Civil Law and the Labor Law, etc. Third, the family law. Arts. 11, 19, 27 & 29 of the Marriage Law and Arts. 6, 7 & 28 of the Inheritance Law give the protections for the women and children. Fourth, the procedural law. Arts. 94, 98 of the Criminal Procedural Law and the Civil Procedural Law stipulate the protections for the groups. Fifth, the special lawsuch as the Disabled Protection Law, the Minors Protection Law, the Women Rights and Interests Protection Law and the Seniors Rights and Interests Protection Law. Sixth, the Regulations of Legal Aid. Even though there are many laws to protect the social vulnerable groups, the defects of the protections for the groups still exist. China need to take some measures to perfect the laws as the following: to establish a legal protection system in which the Constitution stipulates the fundamental principle to protect the social vulnerable groups, the General Principles of Social law will be the general law for the groups, each special law will be carried out for the different social vulnerable group and the local regulations will be changed to the local laws: the substantive law and procedural law will protect the social vulnerable groups together: the judicial aid will be strengthened; the social safeguard law will be perfected. There are many international conventions to protect the social vulnerable groups. In the process of protecting the social vulnerable groups, China will follow the international developing tendency towards the comparative inclining protection. That is an outcome of the substantive justice and equality.

In the period of the social transformation in modern China， the existence of the social vulnerable group is unavoidable. It is the duty of the Chinese government to offer the legal protection to the social vulnerable groups. The definition of the social vulnerable groups is different according to the different subject. While every scholar agrees that the scope of social vulnerable groups is comprehensive including any person who is in the disadvantaged conditions in the social life. The social vulnerable groups are divided into two kinds. One is natural vulnerable group, such as minors, seniors and the disabled; the other is social vulnerable group by the social reason. The social vulnerable groups need to be protected in the analysis of the legal theory, including the humanism, the equality of human rights, the nature of law justice and the choice of legal economy. The social vulnerable groups shall be protected by law not only in the formal equality, but also the substantive equality. Moreover the substantive equality emphasizes on the protection of the social vulnerable groups. Now there are many laws in China to protect the social Vulnerable groups. First, the Constitution. Arts. 45, 46, 48 & 49 stipulate the protection for the disabled, seniors, women and children. Second, the general law. Arts. 1, 18 & 19 of the Criminal Law provide the special stipulations for the crimes of the minors, the mental patients, and the deaf-mute or blind persons. They may be given a lighter or mitigated punishment or be exempt for punishment. And there are some provisios to protect the social vulnerable groups in the General Principles of Civil Law and the Labor Law, etc. Third, the family law. Arts. 11, 19, 27 & 29 of the Marriage Law and Arts. 6, 7 & 28 of the Inheritance Law give the protections for the women and children. Fourth, the procedural law. Arts. 94, 98 of the Criminal Procedural Law and the Civil Procedural Law stipulate the protections for the groups. Fifth, the special lawsuch as the Disabled Protection Law, the Minors Protection Law, the Women Rights and Interests Protection Law and the Seniors Rights and Interests Protection Law. Sixth, the Regulations of Legal Aid. Even though there are many laws to protect the social vulnerable groups, the defects of the protections for the groups still exist. China need to take some measures to perfect the laws as the following: to establish a legal protection system in which the Constitution stipulates the fundamental principle to protect the social vulnerable groups, the General Principles of Social law will be the general law for the groups, each special law will be carried out for the different social vulnerable group and the local regulations will be changed to the local laws: the substantive law and procedural law will protect the social vulnerable groups together: the judicial aid will be strengthened; the social safeguard law will be perfected. There are many international conventions to protect the social vulnerable groups. In the process of protecting the social vulnerable groups, China will follow the international developing tendency towards the comparative inclining protection. That is an outcome of the substantive justice and equality.

Social Vulnerable Groups, Humanism, Human Rights Justice, Substantive Equality