Thoughts On The Unequitable Phenomena Of Modern Society From The Perspective Of Legal Ethics

In June, 2006, the People's Court of Jiangbei district of Chongqing made a judgment upon same destiny with different compensation in a traffic accident involved three girls, which arose strong public discussion. A girl's family appealed to the high court against judgment. In November, 2007, Chongqing First Intermediate People's Court made the final decision, which maintained the judgment of same destiny with different compensation. The judgment is in essence related with an eternal theme: equality, which brought us introspection upon such problem.From the perspective of history, there are two basic views of equality, namely, essential equality and formal equality. Essential equality is also called equality on conditions, which is a equality of result. Formal equality is also called equality of opportunity or legal equality, which refers to the equality of rights, including equality of opportunity and equality of procedure. Due to various kinds of social and historical conditions, especially the distinctions between economic forms, essential equality is mainly prevalent in traditional Chinese society, while formal equality mainly in western countries. Essential equality shows the requirements of the lower classes under feudal natural economic conditions, and formal equality shows the requirements of the subject of producing and exchanging goods under the circumstances of market economy.The judgment of same destiny with different compensation has no flaw from the view of legal system of procedure. The issue mainly reflected that there are many unequal provisions in current substantive law in China. Not only had it reflected discriminatory terms in personal injury compensation system, but also in other series of problems. It showed the lagging of our legislation concepts which cannot adapt to the development of the socialist market economy, and is a failure record in legal construction in P.R.C.With the purpose of improving market economy system of China, constructing the socialist harmonious society, we must realize the equality in people's social life. The equality is not only in form, but also in essence. Therefore, we should realize the real equality through entire plan of policies on the basis of formal equality under legal guarantee.