The Equal Realization Of Constitutional Duties

The principle of equality is a basic principle which provided in constitutional law. It requires the consultation on the basis of equality both in rights and duties. It is not comprehensive to just emphasize the rights aspect. Under constitutional law, when the citizens carry out duties, they must be guaranteed to be treated equally. There is unique value of constitutional duties, which can't be replaced with rights, and can't be included in rights. Otherwise, the principle of equality will be incomplete. The equality has two aspects, and constitutional duties will give us a new approach to research the equal principle,There are so many explanations of equal principle in constitutional laws. If we only focus on consitutional duties, there are three approaches in constitutional laws around the world: (1) Direct statements of equal duties; (2) Implied statement of equal duties; (3) Reflection of equal duties through state power. Chinese constitutional law belongs to the 1st category, which is direct statement of equal duties.There are different characteristics for equal principle in different constitutional duties. The taxation duty, education duty and military service are necessary to modern country. The constitutional appeals are also related to these three duties. Citizens query the equality of tax laws, educational laws, and military service laws.The taxation duty has closest relation with citizen's rights, because it involves the money in citizens'pockets. The equality is the constitutional law of tax law, without which it's impossible to realize the equal protection. The state must guarantee that every citizen has an equal position before tax law, Otherwise, the tax law is unconstitutional.The educational duty is performed by the state and teenager'parents(guarders). Along with the development of society, the parents (guarders) start to call question to public education. They think it's not fair that the public educations monopolize the teenager'education, and appeal the rights to choose the style of children's education. The state confronts the problem to change its role to beThe military service is an important burden for citizens. Male citizen are the main body of the military service. Though the original idea is to protect female citizens, but the provision causes so many disputes, and both male and female citizens are not satisfied. The equality between male and female challenges these provisions, and women's rights organizations also query the constitutionality of the military service laws.Corresponding to these three duties, Chinese citizens'constitutional duties are also involved in the equal principle in the three above, which are the taxation duty, the educational duty and the military service. Though there's no constitutional lawsuits or independent constitutional lawsuits in China, the foreign experiences will give us inspiration to solve our problems. These principles can be used in legislation, be used to control the executive. Chinese citizens will have clear knowledge that they must be treated equally when asked to perform duties. They can make sure that if they are in the equal position. If they are treated differently, they must be told that there're abundant reasons to be. Otherwise, the difference is not reasonable, and they can contradict the discrimination through constitutional lawsuits. Though it's embarrassed for Chinese citizen that they can't get constitutional protection, it's possible to get another approach through the equality of constitutional duties.