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Juridical Protection Of Right To Equality

Posted on:2018-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:L Y RaoFull Text:PDF
GTID:2346330512494424Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Right of equality is a historical topic.In 1954,our country already defined the meaning of right of equality in the article85 of Constitution.According to the definition,right of equality means all citizens of the People's Republic of China are equal before the law.In the last twenty years,the number of established legislation was increased.However,people did not increase the confidence and expectation for the law.In reality,the phenomenon of unfair happens frequently in the aspects of politics,economics and social life.The unfair phenomenons in legal field mainly refer to misuse of authority and the national public power encroaches on right of equality.Additionally,the serious lack of legislation and law enforcement existed in the current situation.The juridical protection was not enough and efficient.Thus,the topic of juridical protection for equality rights has the practical value.This assignment issue of equality rights is worthy of being discussed.Although many scholars and experts already explored the legal protection for the right of equality,there were a few direct researches for the issue of equality rights,juridical protection.In general,the juridical protection for the equality rights includes three main parts:theory,system and practice.These three parts are interrelated.For this article,the focus will be attached in the current situation and further improvement of equality rights' judicial protection.In this way,the relevant articles would be searched at the first stage in order to increase the understanding for the topic.Then,the recommendations will be put forward based on it.Therefore,this assignment will be developed in the process of linking theory with practice.The detailed methodologies include the analysis,induction and conclusion of relevant literatures.The main body of this assignment includes three parts.The first part focuses on the analyses of the meaning of equality rights.In this way,the history of equality rights developed in China and the West will be briefly discussed in the first part.The classification of equality rights will be described as well.Additionally,in the first part,the protection approaches will be analyzed from legislation,execution and justice respectively.After that,in the second part,the concerns will move to the problems that exist in the present situation of our judicial protection for equal rights.In addition,these problems will be analyzed from judicial explanation and judicial judgment.These problems' analysis aims to show the protection of the three civil judicial systems for citizens' equality rights,and then propose the existing deficiencies.The third part is about the recommendations for equality rights' juridical protection.The emphasizes of the recommendations are generated in four points.Firstly,the description of equality rights should be enriched.Secondly,the justifiability and application of justice should be enhanced.Thirdly,it is better to improve the quality of justice continually.Lastly,the inspection system of relevant judiciary is suggested to make a improvement.
Keywords/Search Tags:Right of Equality, Juridical Protection, Judicial Explanations, Judicial Judgment, Inspection System of Judiciary
PDF Full Text Request
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