The Realization And Guaranteeing Of Civil Equality Right

Equality, as a category of society relationship, is the sequence of the development of productivity, as well as a logic start and logic sequence of modern constitutional government. It has three implications: I . equality value that is one of the social main values followed after by people; II. equality facts which depicts the social equality circumstance; III. equality principle which is a principle of power performance and a criteria of power restraint. Because the relationship between equality and freedom is the same as that of the approach and the aim so equality mainly implies the equality of opportunities. Ronald Dworkin intends to seek equality out of the equality and freedom through the practice of resources equality.The principle after confirmed by law generated a civil equality right. If saying that freedom can be bounded on the extent that the freedom of others is not invaded then equality can be bounded on the extent that the equality right of others is not invaded. Equality rightexert a safeguard for the civil right through power performance and its function of bounding, and through regulating and restraining the power and accelerating the change of the power from management oriented to service oriented to realize the mould of power dominant of "human scale", and the condition of equality right operation and the contrasting right of equality right, provide a feasibility for the realization and guarantee of equality right.But, there exist a tension among the power bounding function of equality, equality right and other civil right and power, not careful enough of equality causes an outrun of the equal boundary of power and right, plus under realization and disorder of value grade are causes for the infringement of equality right.To the causes of infringement of equality right, not only the notion should be guaranteed and the equality right of one's should be treated carefully, and the equal practice should become the merit of citizen and the government, and in the domain of legislation, administration, and jurisdiction the equality value grade should be correctly determined, and the guarantee and power restraint function of equality right is exerted; further, according to the need of right remedy the "binary guarantee system" for equality right at government level and none-government level should be established to extend the extension of equality realization and guaranteeing.