The constitution of our country about the equality provisions of the connotation of
Created:
/Author:
Aaron Lewis
The current constitution of our country thirty-third paragraph second: "citizens of the people's Republic of China are equal before the law."This is a general rule of the right of equality.In addition to the provisions of the general, the current constitution and some other relevant specific provisions.For example, the thirty-third paragraph third: "any citizen is entitled to rights under the Constitution and the law, at the same time must perform the duties prescribed by the Constitution and the law."Fourth the provisions of the first paragraph, "all ethnic groups in the people's Republic of China are equal", "Prohibition of discrimination and oppression of any nationality" and so on.A complete specification of the system general provisions and specific provisions constitute our current constitution relating to equal rights.
Equality is the human rights attribute, it not only permeates the whole of human rights, but also embodied in the basic human rights of equal rights.The right of equality is a basic right of the citizen of our country, it means the citizen equal rights and obligations in accordance with the law.The constitution of the most classic expression is: "citizens are equal before the law."
Specifically, equal rights prescribed by the constitution of China include the following meanings:
First of all, right of equality is not only refers to the applicable legal equality, strictly speaking, it consists of four parts: one is the equality of rights, all citizens equally enjoy the rights prescribed by law; two is the equality of obligation, that all citizens equally to fulfill the obligations prescribed by law; three is the equal application of law, state organ which is equal treatment of all citizens in the application of the law, make no exception in the protection or punishment, do not differ from man to man; the four is the legal limits of equality, namely, any organization or individual is not beyond the constitutional and legal privileges.The four part is an organic whole, the unity of them constitute legal equality.
Secondly, equal right is a kind of expression of principle and conviction.It denied that emphasizes the differences between individuals, and the existence of the social hierarchy as the basis of social justice, according to each person's identity or social status difference between the allocation of rights and obligations, the freedom of the majority and minority restrictions on the freedom to special protection of social phenomena and system.And other rights of citizens are compared, the particularity of equality, make no exception to the principle of seepage which emphasis on the individual, groups with each other, enjoy or citizens associated with others in various legal rights.The fair principle in our civil law, inheritance law on inheritance of gender equality provisions, terms relating to anyone who commits a crime shall be equal before the law, and the justice of law enforcement and judicial justice demands, without embodies the principles and beliefs that make no exception.
Again, right of equality is the expression of the subject of right is limited in scope of the equality in the law.Range of limited decided that equality is the unity of absoluteness and relativity.Absolute is mainly manifested in two aspects: one is the subject of rights and the implementation of the right to enjoy the possibility is absolute -- as long as the law of rights, the rights of all elements of the subject, no matter whether he has the realization of the right resources, or whether to realize this right, he enjoys this legal rights and have the possibility into reality; two is entitled to the general basic right is absolute -- for the rights of those at any time or under all conditions are not acceptable, such as the right of human dignity, right of personality and the spirit of freedom and a sort of basic right, the subject of rights between the unconditional and absolute equality, even commit the most heinous crimes criminal last-minute, his dignity, personality and the spirit of freedom like protection of other citizens as laws make no exception.
A just society, should make no exception to treat each civil rights.In modern society, the constitution will have equal rights as citizens basic rights.Safety concern, respect, equal treatment and protection of all members of society in the personal safety and property, has become an important content of the basic requirement of the modern society of law and international human rights theory.