Jurisprudence Study Of Reverse Discrimination

According to American philosopher Larry Laudan,one of the most difficult philosophical problems of the twentieth century is about the research of rationality.The pursuit of equality is continuous in the human history since human equality is an ideal core value in human society,and the fundamental principle of law is that all men are equal in the law.The idea of all men are equal in the law is abstract.However,in the specific legal relationship,due to the different environments as well as different person's situation,imposing the same treatment for each specific person and denying rational discrimination will result equality actually be alienated as "average",which in fact is against the principles of equality.At the same time,this also brings potential problems that may occur over the weak rights protection,resulting in reverse discrimination unjustified differential treatment of this phenomenon.Reverse discrimination,in essence,it is a kind of equal rights for the ostensible purpose of the extra inequitable distribution,which is an extreme concept of equality,but full formal equality and equality of opportunity cannot be converted into substantive equality.In theory,reasonable discrimination against different social groups treats existing inequalities are once again equal rights.However,due to a variety of real-world problems in the current terms of the degree of development of human society,only by discriminatory and completely substantive equality is a sense of extreme difficulty,which is impossible to achieve the target set by hoping faultless.In practice,Chinese government provides proposed preferential policies and measures for disadvantaged groups based on the perspective of the protection of rights and interests of socially vulnerable groups,which is reasonable and understandable.However,some of the existing policies are being abusing by someone with adverse purpose,and these kinds of behaviors have already made negative effect on our society and causing controversies among the public.The first part of this paper is based on the definition of reverse discrimination,and further concisely discuss the meaning,characteristics,causing factors and socially negative effects of the reverse discrimination.Then,some of the existing relevant policies both in China and other countries are analyzed in this paper,combining with the theory and basic principles of disadvantaged groups protection,in order to summarize the main problems and barriers in implementing the policy of protecting vulnerable groups.Finally,this paper point out some feasible and targeted suggestions,expecting to ensure our institutional and policies efficiently protecting the equal rights of every citizen.