The Research Of China Equality In Legislation

Legislation as a nation ruling class establish national operating principles, rules, consolidate its ruling position tool, in political field no one can overtake its status. China is the people's democratic dictatorship country, people master legislation right, and make people possess legislation right in reality, safeguarding the people's interests requires legislation fully reflect public opinion. Our legislation in equality means by fully representative of the people's legislative subjects, after by public supervision participation in the legislative process, formulate laws safeguarding human rights and opportunities equality. Legislation equal essence request is the whole process--from legislative subjects generated to the legislation results are full of representative of the people. Because our country long period to the class struggle for the outline of the political situation, legislation equality after more than half a century of discussion, until the early 1990s established along with our country market economy and a second thought liberation climax eventually become conclusion. This paper focuses on is no longer on whether we should discuss legislation equality, but on our established analysis legislation equal theory after, through to the Chinese legislation present situation investigation, find equal legislation inequality reason, seek to fulfill legislation equal way. Through analysis of legislation equality, inspect the our country legislation equal status and find the inequality legislative reasons, seek realization way four parts and the completion of Chinese legislation equality of research, the hope can equal legislation in our country the realization process of contribute.Research legislation in equality problems, we must clear legislation equal connotation firstly, it is investigation situation, search for ways of a ruler. In addition, still should realize equality to understand the meaning of legislation of our country, only beneficial to China's development, the social harmony of system philosophy should be people pour into efforts to explore grind life-cycle analysis. This is the first part of this text main task. Based on equality, the paper, we can see, relative to the equality of human beings is the essential requirements of the equality of rights and opportunities. Legislation in the field of equality is required from the legislation on the realization of human's rights and opportunities equality, legislation equality includes the legislative process-subject and procedures of equality, Legislation results give the equal rights and opportunities. In addition, through the analysis of the legislative equality and relatively equal, form equality and essence equality, legislative equality and democracy relationship, and further specify the legislative equal reflects. Finally, this article explains the legislation in the market economic operation, equal positive role in constructing harmonious society, realize the equality of the important significance of legislation can be studied Chinese legislation equal power.No further investigation, and no voice. Part two of this article is to our country legislation equal status investigation and research, mainly from the legislation equality in China's development, the legislative subjects opinion representative and the legislative process of public participation, legislation results for the equality of the legislation and some results of inequality in the study were summarized, and equal status legislation in China. The most important lawmaking equality investigation clue is fully opinion, whether legislative activities or legislative results shall represent the opinion adequately. Through the investigation, we can see our country in realizing the equality of legislative efforts and rapid progress, meanwhile various unequal legislation present situations, legislative activities and legislation, and the results are threat to our democratic politics, the actualization of a harmonious society. We need to find out root cause, seeking solutions, slough off a unequal legislation harm.On the analysis of the reason, this paper mainly research ideology, legislative system and other such as national policy. Ideology on our legislations equality profound thought consciousness has 3 kinds:Confucianism, same crime different punishment, in recent years the class struggle political theme. This ideology is China's legislative equality inequality source of ideas, conversion ideology, sets up the correct ideology, to promote equality of subjective way legislation. Our legislation system, the defect is legislation inequality manufacturers. Legislative system formation of transplantation behavior, prescribe administrative department has legislative power and authorized legislation and so make our legislation exists lose touch with reality of the situation, the legal department benefit, legislative security administration etc, caused the legislation in China "lawful" violate people of various rights strange phenomenon. The other reason is refers to the big bad border socialization lawmaking equal effects, including every Chinese period according to different conditions of different national policy formulation, people in different periods of equality of different understanding and so on, these more or less caused the unequal legislation phenomenon.Finally approaches to promote our country's legislation approaches to realize the equality, mainly in the level of consciousness, legislative idea, system construction, three aspects to find a way out. In the spirit to reinforce equality awareness, sets up the correct equality view, in our country it is request lawmakers in legislation process truly representative of the people exercise their rights, making the legislation has sufficient opinion representative. Also, in the process of safeguarding people's rights, the people must set up the right highest sacred concept. In addition, change our national standard and obligation standard of the legislation idea, by the national interest supreme, compulsory oriented concept steering contemporary legal society requirements of the standard of rights legislation idea. The system construction, on one hand further strengthen legislation public, safeguard public participation; On the other hand, make the legislative supervision become necessary, not dispensable attachment status, this paper are mainly discusses how to build adapt to the situation of China special agencies supervision mode.