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The Realization Of National Equality Based On The Comparison And Analysis Of The Constitution Of China And India

Posted on:2015-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:D X JiangFull Text:PDF
GTID:2266330428956060Subject:Constitution and Administrative Law
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As the temerging economies of China and India under different economicsystem and social structure towards their own utopia continuously towards the ruleof law, the two countries’ citizens’ equal rights and protection, maintenance of therights and interests of vulnerable groups, environmental governance and the right ofindividual ethnic group or ethnic groups is the stronghold of "productive", and "far"and western standards. The concept of the rule of law differences between the twocountries in the development of national equality, human rights and institutionaldiscrimination and other cooperation in the field of social injustice are inseparableand differences. And ethnic problems highlight is the moment to problems faced bythe two countries. On the comparison between the two countries in the constitutionand other department of national equality and social relief on the implementation ofthe similarities and differences of the two countries under the rule of lawdevelopment and social progress have a positive effect, at the same time will berepresented by the two countries now developing countries such as Europe and theUnited States and the rule of law status of the rule of law level compare more maturewestern countries under the rule of law will be on our country’s civil powerespecially the development of the ethnic equality will have certain referencesignificance.The massive historical and cultural heritage and heavy secular accumulationbetween the two countries of rule of law in a positive and struggling forward slowly,for a long time the west on the rule of law construction and social development andto western standards and patterns to require even change yourself that we haveignored some of the laws themselves unique role and power consciousness. Inaddition, artificial look west make us aware of ourselves with neighbors or othercountries on the concept of the rule of law and even national ideological opposition,the country’s development and the progress of the society of the rule of law is verybad. There is no denying that Europe and the United States and most of the time is always think you in China and other countries there is a big gap between rule of law,but for countries such as India, the distinction between all or even fallen powerthinking mode and legal perspective to make our own development always throwaway the heavy burden.This article expounds the ethnic equality is the concept of a broad sense,including the composition of a country of equality between all nationalities enjoyfull rights and obligations, including the main body of a country’s populationmajority equality between nationalities and ethnic minorities, as well as between thecovers of all ethnic groups in the national minority community or between thedifferent RACES can equal rights and recognized.by the national and social equality.Article the first part is the ethnic equality between the two countries of origin andmakes carding and analysis and background, especially the constitution of the twocountries involved in the background of the related problem analysis and elaboration,so that the two countries on the issue of overall health and legal environment havebeen mastered. Then focuses on the comparison between the two countries in thisissue of legislation, and article13of the Indian constitution and the provisions ofarticle14and combined with relevant cases to be elucidated. The third part is thetwo countries in the autonomy to make comparison and analysis on the issue. Amongthem, especially in our country’s system of regional national autonomy. The fourthpart is about the legal mechanism of right remedy for national equality between thetwo countries to compare, and the purpose of this article conclusion, namely: thenational equality problem in the present of both China and India are important, theconstitution and the rule of law is closely related to development of the two countries,the two countries should learn from each other and learning, respect each other,make progress together. As the conclusion in the end. Overall structure is simple, sothe problem is relatively straightforward.Based on China and India in the constitution and the laws and regulationsstipulation on the issues of national level as the main line, first the concept of therelated problems are discussed, historical origin and so on, and then put the twocountries as better handle this problem solving and in the areas of legislation, thejudicial regulation make a comparison and analysis, and combining the related legislation and the relevant policy objective interpretation of the actualimplementation. Strive to continuously thorough, increase the "social visibility" therelevant provisions. Then made to the related laws and its social value should be thejudge.Although everyone on the current status of the Indian law research in constantdevelopment and improvement, but there is still a relatively narrow ideologyinfluence, at the same time, some experts and scholars have been concerned aboutthe question of this, and deep interpretation and detailed analysis. In the currentdomestic study of Indian law, represented by some young scholars, especially in thetranslation of India’s constitution and a lot of legal texts will India certain legalestablishment such as constitutionality review again at the same time as well as therealization of the constitutional law category system is difficult to implement in ourcountry at present the issues to be discussed. Compared with the research on nationalequality and social relief is relatively small, it also leave some space for this articleand the direction.
Keywords/Search Tags:Indian Constitution, The National Equality, Compensatory Discrimination, National Autonomy
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