On the Human Rights Dilemma of “Surplus Population” in Contemporary Western Developed Countries  

作　　者：董静姝 LI Donglin(Translated) DONG Jingshu;LI Donglin(Translated)(School of China University of Political Science and Law;不详)

机构地区：[1]School of China University of Political Science and Law [2]不详

出　　处：《The Journal of Human Rights》2022年第6期1244-1264,共21页人权（英文版）

摘　　要：As capitalist society develops from a producer society to a consumer society, from the dominance of material production to the rise of non-material production, and from the dominance of labor-intensive industries to the rise of knowledge-intensive industries(accompanied by the shift of labor-intensive industries to the Third World countries), the generation and composition of the “Surplus Population” in Western developed countries have demonstrated new historical characteristics. The capitalists not only refuse to solve the problems they have created but even “besiege” these unfortunate victims by moral and legal means. They marginalize and stigmatize the “Surplus Population” with work ethics, to severely damage the moral foundation for them to enjoy human rights. They reach an agreement for the welfare system, criminal practice, and work ethic to reinforce social indifference and hostility towards the “Surplus Population”, pushing them into a more difficult human rights situation, even excluding them from the scope of legal recognition and protection of human rights. However, the “Surplus Population”, which is considered “useless, redundant and dangerous”, is included in the process of capitalist production in a way that is excluded by the above-mentioned morality and law, becoming the “utility of futility.” As a result, the subjectivity of the “Surplus Population” as human beings is deprived.

关 键 词：surplus population human rights CAPITALISM work ethics welfare state PRISON 

分 类 号：D033.3[政治法律—政治学] C924.1[社会学—人口学] D815.7