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Research On The Reasonable Setting Of On Differential Treatment In Legal Text

Posted on:2015-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ZhangFull Text:PDF
GTID:2296330431953573Subject:Law
Abstract/Summary:PDF Full Text Request
The differential treatment is a general concept in international economic law. Which means providing special treatment for developing countries among the international commercial regime. It tends to prevent the developing countries to stand on a less disadvantage place in international commercial practices due to the disparities between developed countries and developing countries in the areas like economic or technologies. Finally, it will do some helps to take precautions against the disharmony international trade environment.Recently, with the construction of harmonious society carrying out and impartial social management promoting, scholars and lawyers have done many researches about the practice of substantial equality. Actually, the meaning of differential treatment is to pursue the substantial equality and justice. People pay more and more attentions on making the differential treatment be absorbed by the area of legislation nowadays.Actually, it presents the spirits of equal and justice when the lawmakers set up differential treatment on purpose in legislations. The modern legal stress equality before the law, which points to substantive equality based on respect for basic human rights rather than formal equality lying on the paper. When individuals pursue equality, in fact, it demonstrates people’s admiration for the respect and equal treatment. The reasonable settlement of differential treatment is the amendment to the surface equality considering the value of justice.The equal right to receive education should be regarded as the basement of the entire society’s justice and equality. Only if we keep to preserving citizens’equal right to receive education, then good communications can be spread among every social class. At the same time social groups can enjoy a considerable better life through their own capabilities which get from education. If our society is lack of the chance to receive equal education, it will extremely cause education right the monopoly which will lead to more bound-incomes for people who sharing the advantage social status. In the end, the vicious circle is produced which caused by the unequal education right and imbalanced developing chances. Finally, our society’s stabled and sustained development would be influenced.It is necessary for social members to receive education for the purpose of accomplishing assessments. However, the differences of personal’s gifts and abilities are naturally. Not only for promising the citizens can share the education right equally, but for dismiss the enlarging individual differences which come from family back-grounds and social and economic statues, setting up the reasonable differential treatment to guarantee social members can get the equal right to receive education becomes inevitable for us.A citizen’s right to receive education is a vital important right for individual’s development. This dissertation will talk about the differential treatment which should be focused on in the right of education which is a fundamental human right, and then analyse how to legitimately design the differential treatment in legislation through. The discussion on the theory background of differential treatment will come up at the first place in this dissertation. In which the major resources are the doctrine of equality in jurisprudence and constitution. From the view of law, I will sumarrize the theoretical reasonableness and realistic necessity of the differential treatment in social legislations. Besides, with the help of differential principle in Rawls’ Justice in philosophy and the principle of the social resources should be distributed reasonably in modern economics. The theoretical basis can be certainly affirmed in the following parts-reasonable standards of differential treatment on social legislation and the interperation of legal texts.Secondly, this dissertation puts the theory of differential treatment on the ground place and clarifies the standards in academics and practices. German will be the particular example in analysing the theory standards and the example of practice standard comes from the America which owns the regime of judicial review on legislation in equality and protection on purpose. Hence, according the philosophy from the particular to the general, we can find the reasonable standard we should set up in our country on the issue of differential treatment in legislation after the discussion on these two standards on differential treatment.Finally, the dissertation will come back to the legal text we adopt now to select the articles which are relevant to differential treatment and seek the purpose or problems hiding among them. I will conclude the possible suggestions which emphasis on the differential treatment in our future legislations.
Keywords/Search Tags:Differential treatment, Reasonable standard, Educational right, Legislative proposal
PDF Full Text Request
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