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Constitutional Protections Of Equal Right To Development

Posted on:2012-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LuFull Text:PDF
GTID:2216330374953782Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Equal protection of the right to development is necessary to build a socialist harmonious society. To eliminate factors of disharmony and lay the necessary ma-terial basis for human survival and development with the socialist material and spi-ritual wealth created for human, the fruits of social development must be shared by all people equally and public awareness and legal awareness of equality must be improved. However, in the process of protecting the right to development, the wide prevalence of inequality based on difference of identity, status, race, gender, policy, and many other factors ultimately leads to differential treatment and non-balanced development. In our existing legal system, there is no specific law and regulation of protecting equal right to development, and it is difficult for those piecemeal provi-sions to curb the arising phenomenon of unequal development in social life practi-cally.The author believes that to achieve the ultimate equality of right to develop-ment, the"right to development"should be established as an"upper"concept in Constitution, the equal"right to development"must be manifested in various forms through laws and administrative regulations, local laws, regulations and other mul-ti-leveled legislative system in all aspects of social life, and loose and low-leveled human rights protection form must be avoided. To oppose and eliminate the pheno-menon of unequal development with targets, retrospect and prospect is necessary on proper stage. This paper tries to provide some useful suggestions by following the logic of theory, reality, and exploration from a jurist perspective, and to clarify the legal meaning and essence of equal right to development with systematic exposition and combination of the practice of international and domestic.
Keywords/Search Tags:Equal right to development, Human Rights, Discrimination, Constitutional protection
PDF Full Text Request
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