Equal Protection Of The Right On

This dissertation aims at to probe into an effective approach on how to realizing the protection of the right to equality in China. As the Occidental proverb says, no relief, no rights. Thus, based on the judicial relief for inequality and reviewing the source and evolution of equality thoughts in history, it analyzes the legal status and characteristics of the right to equality and puts forward the manners to judicial relief of protecting the right to equality so as to advance some suggests and approaches for resolving the large numbers of "unjust treatment" existing in China.Equal opinion is of long standing. Human's civilization history is also the history of continuously aspiring after the equality and realizing or developing it gradually. Scholars in different age or field have their own meaning of equality which enriching and enduing its new content. Point of view in the latter-day compartmentalizes the equality into the formal, the resultant and the essential, which acknowledging the "reasonable difference" and denying the "unreasonable difference". Equality evolves from the original notion and principle into an idiographic right along with the establishment of constitutional nations. After comparing and distinguishing the diverse meaning of equality, it defines the right to equality as citizens who all equally enjoy the rights endowed by constitution and law and perform the obligations stipulated by constitution and law, whatever their nation, race, gender, profession, faith, education, property, inhabitation and so on is or their parentage, politics, social class and political status is.The right to equality has as a quality of constitutional principles as well as basic rights. As a principle, "equality before the law" comprises legislative equality and implementary equality. The legislative equality comprises equality of participating in legislation and equality of legislative content; the implementary equality comprises the equality which existing in judicatory, executing, abiding and safeguarding the law. As a right, the right to equality is very abstract which should be embodied by other rights' content.With more than half century's development since our country's establishment, China has achieved some success on constructing the right to equality, which its realization and development are gradually brought into a legal system orbit, elementarily explore a way of realizing and developing it adapted to Chinese fact, and its some idiographic rights to equality have some advantages in the realm of...