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近来群众民意越来越多的通过网络等媒介表达出来,从几个典型事例可以看出民意的力量,可是民意也是需要疏通的,一旦无法表达往往造成民愤,而民愤爆发的突破口就是以不当维权的形式爆发,不当维权的形式包括群体性事件冲击政府机关或由经济纠纷引发的暴力讨债、绑架、哄抢等“民转刑”案件。本文从法理学及人权角度分析了不当维权的深层原因,指出解决不当维权问题的对策就是关注民意动态,合理疏导民意。
Recently, more and more people’s opinions have been expressed through the Internet and other media. From a few typical examples, the power of public opinion can be discerned. However, public opinion needs to be dredged. If the public can not express their anger often, the breakthrough in outbreak of indignation is to use inappropriate rights The form of improper protection of rights includes mass incidents that impact government agencies or violent debt collection, kidnapping, looting and other crimes triggered by economic disputes. This article analyzes the underlying causes of inappropriate rights protection from the perspective of jurisprudence and human rights. It points out that the countermeasures to solve the problem of inappropriate rights protection are to pay attention to the public opinions and to rationalize public opinions.