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“群体性事件”概念由于不能内含当前社会群体性冲突的维权属性,具有内在的缺陷。以“集体行动”概念指称这类群体性冲突,把集体行动视为是公民以联合行动的方式维护自身生存权利、财产权利和民主权利的一种法律行为,可以将群体性冲突的维权属性涵摄在内,有利于正确认识和把握冲突的本质。从法律冲突、法律效力、权利的性质以及人的自我发展等方面对集体行动进行分析,说明社会转型期发生的集体行动具有正当性依据。
The concept of “mass incidents ” has inherent defects because it can not contain the current defensive attribute of social conflicts. To refer to such group conflicts as the concept of “collective action” and regard collective action as a legal act of citizens to safeguard their own living rights, property rights and democratic rights by means of joint action, the rights and interests of mass conflicts Culmination, is conducive to a correct understanding and grasp the nature of the conflict. From the aspects of legal conflicts, legal validity, the nature of rights and self-development of human beings, it analyzes the collective action and shows that there is a legitimate basis for the collective action that takes place during the social transition.