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Review The Composition And Protection Of The Equality Right

Posted on:2009-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:A Y MengFull Text:PDF
GTID:2166360245495253Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Equality rights is regarded as human beings born with an indispensable part of the natural rights .The Natural foundation of Equality rights is the existence of human beings as a category and the human spirit of equality .This natural foundation decides Equality rights is the basic human rights of humanity. In the national legal system, Equality rights has been occupies an important position. In China, Equality rights is regarded as an important basic civil rights, it is also a hot issue in the theoretical circle. At present, in China, Equality rights is still in a state of transition to the reality stage. Although the Chinese laws on the Equality rights has been a series of requirements, but in real life, inequality remains widespread. Therefore , We must organize the theory of Equality rights. This paper reviews Equality rights through the following four parts : The first part is the nature and the meaning of Equality rights. In this part, by analyzing the history of West and China, this paper Summaries the Origin and Development of the Equality rights. Then this paper Proposes that Equality rights generally refers only formal equality and relative equality. And from the perspective of property rights, Analyzing Equality rights is a specific rights. PartⅡis the Constitute of Equality rights. Firstly, from the perspective of the legal system, it divides Equality rights into legislative equality and equality of fitness. Secondly , from the perspective of gender and groups equality, it divides Equality rights into Equal rights for men and women and National (Race) equal rights. Thirdly, from the perspective of right category sense of Equality rights, it divides Equality rights into Political and economic equality of rights. PartⅢis the protection mechanisms of Equality rights .On the one hand, Starting from the negative side——Discrimination, it analysis the meaning and classification of discrimination and the Relations of Discrimination and reasonable differences. On the other hand, from a positive perspective, it analysis the major issues of Equality rights protection at current and how to improve the mechanism for the protection of Equality rights.
Keywords/Search Tags:Equal, Equality rights, Discrimination, Reasonable difference, the protection of Equality rights, Review system unconstitutional
PDF Full Text Request
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