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《Journal of Gansu Administration Institute》 2017-03
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The Logic and Mutual Promotion Mechanisms of Rights Protection& Stability Maintenance

Xu Yao;Zhou Enlai School of Government,Nankai University;  
Fundamentally speaking,Rights Protection Stability Maintenance are mutually reinforcing.Without Rights Protection,the society will be filled with complaints and the basic social order will be lost.Without social stability,rights protection will be a blank check without any meaning.In reality,the conflict between Rights Protection Stability Maintenance is mainly due to the fact that the people do not comply with the laws when they express their demands and many local governments also have many problems in conflict management.According to whether the demands are justified and the actions are legal,we can distinguish four types of behaviors.Among them,the actions which have justified demands but in illegal ways are the most dominant type leading to uncontrollable conflicts.From the 25 typical cases since 2000,the illegal ways mainly include seven types:dissatisfied and forced,out of control,immediate response,a tooth for a tooth,emergency construction,following the similar,Vent anger,etc.The most important to public conflict governance is to promote the legal expression,which requires the effective guidance of the protesters' cognition,emotion,will,value and effectively constrain their behaviors.To promote the mutually promotion mechanism of Rights Protection Stability Maintenance,we need to establish or improve the four systems:firstly,smooth the existing expression channels and improve the governmentresponse mechanism;secondly,construct targeted conflict resolution mechanisms if the existing system is failed;thirdly,reform the thinking model of conflict management,establish legitimate,effective and scientific conflict cutoff mechanism;lastly,improve the reflow mechanism to make the conflict energy return to the legal systems.
【Fund】: 天津市哲学社会科学项目“维权与维稳的内在逻辑及相互促进机制研究”(TJGL15-009)
【CateGory Index】: D630
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