Study On Institutionl Discrimination Caused By Macroeconomic Regulation

In recent years, institutional discrimination caused by unreasonablemacroecnomic control measures taken by the authorities. It is hard to eliminate theeffects, by provisions in current legal system of China, that violating the Constitution,undermining human right, obstructing the development of economic and society anddestroying social harmony. Therefore，the author devote to study on anti-institutionaldiscrimination caused by macroeconomic control measures.In the foreword, the background of the thesis is introduced. Except the foreword,the thesis is divided into seven parts, a total of about30000words:Part Ⅰ: Summary of discrimination. In this part, Analysis of the in being conceptsof discimination, difference between prejudice and discrimination in the view of lawand the exception of the discrimination is discussed. Newly definition and the featuresof discrimination are proposed.Part Ⅱ：Theoretical foundation of anti-discrimination. Three theories, right ofequality, human right and social benefits maximization, are involved.Part Ⅲ: Summary of institutional discrimination. Firstly, give definition toinstitutiont discrimination from the perspective of the role of authorities. Secondly, toclassify institutional discrimination, three criterions are involved. Thirdly, principle ofproportionality is discussed, helping to discriminate whether measures taken by theauthorities cause institutional disrimination or not.Part Ⅳ: Institutional discrimination caused by macroecnomic control measures.Firstly, the measure of discriminating whether the macroeconomic control measurestaken by the authorities cause institutional discrimination is introduced. Then, typicalExamples of institutional discrimination in area of tax legislation, property market,social security and macro regulation of price. The influence of economic and politics in the history of China, such as planned economic, urban and rural binary system, theof income margin from urban to rura and cultural revolution are showed here. At last,harm of institutional discrimination caused by measure of macroeconomic control isdiscussed in the view of economic development and social harmony.Part Ⅴ: Currently legislations and defects of anti-institutional discrimination.Based on analysis of Constitution, Legislation Law, legislations in area ofmacroeconomic regulation and other areas and international conventions China hasjoined, the defects in aspects of Constitution litigation and restriction and Supervisionof power of authorities are found out.Part Ⅵ: Experiences of Anti-institutional discrimination of foreign country andother districts of China. They are the principle of equal protection of U.S constitution,the Treaty of Europe Union and legislation on the aspect of equal treatment,procedures of democracy participation in legislation and Macroeconomic Control Lawof Germany, Commission on Human Rights of Korea, etc.Part Ⅶ: Proposals of legislation. Proposals of anti-institutional discrimination isestablishing principle of equal protection in constitution, consummating procedures ofdemocracy participation in legislation and administrative action, legislatingEvaluation Law of Government Policy, founding constitution litigation andCommission on Human Rights. The proposals in the area of macroeconomic controlare concerning tax legislation, macroeconomic control of price, property market, labormarket, social security and legislating Macroeconomic Control Law.