The Affirmative Action Research In The American Constitutional System

The affirmative action is in view of the specific history of American society,its initial purpose is to correct the historical discrimination based on race,gender and other factors,and certain people's social status,and the government and private employers,for the implementation of the main body to give specific groups to preferential treatment in the field of higher education,vocational and try to change the status quo of this kind of community and social class level coincidence.Affirmative action is the major premise of equality in form,the form equality failed to help resolve the unequal fact in social status,and as a practice of equality of striving for the truth.Affirmative action classification to determine preferential treatment because of its main groups as objects,especially for racial classification means to cause a lot of social disputes.Multiple affirmative action case dispute focus on whether the racial-conscious means of relief is conflict with the 14 th amendment's equal protection clause of the constitution of the United States.The Supreme Court change the attitude in several judicial precedent for affirmative action.At the beginning of the implementation,basically be recognized the racial means of relief,as long as it is in line with the pursuit of the interests of the overwhelming government purposes.At the same time,with the aid of these case to determine the compelling government interests: the concept of diversification,compensating the effects of past discrimination and bottlenecks caused by the offset current discrimination,establish integrated society,etc.With the theory of reverse discrimination,racial stigmatized is put forward,such as the federal Supreme Court began to more careful review of constitutionality affirmative action,and successively in Richmond case,Adarand case to establish and perfect the strict scrutiny standard.In addition,the federal Supreme Court justices also successively put forward a series of theory think affirmative action to provide legal support,such as based on the history of compensation justice theory,based on the current against discrimination theory,focusing on the future of social integrated theory of distributive justice,etc.Affirmative action in the implementation of the decades,has obtained the certain social effect.Before strict censorship standards established,the implementation of the affirmative action objectively the political rights of ethnic minorities is the different levels of security,in the higher education,the workplace treatment improved,such as improving the social status of minorities.But because of the racial means of relief,objectively also caused the conflict between ethnic minorities and the minority,internal differentiation of ethnic minorities,and other issues.Affirmative action directly support means that minority rely on relief,in relief measure to reduce or even cancel the relief,appeared different degree of ethnic minorities is difficult to adapt to the current competition situation,which reflect the more obvious after the confirmation of the strict censorship standards.Affirmative action is accompanied by the increasing disputes appear the situation of the slog,looking for more persuasive legal basis,handle the relationship between the equality of opportunity and the attention to the relations of equality,equality of personal and group become the key to solve the problem.Only through looking for the right connection,connect individualism and groups can make affirmative action more solid legal basis.At the same time,we should face up to the racial means which is objectively and strengthening the concept of ethnic consciousness.Therefore,it is necessary to gradually fade out this way of racial classifications,take to more meaningful,a transformation of mode of classification,to avoid curing group division.Besides,strengthen the supervision of affirmative action.On the basis of exploring the way of affirmative action in trouble,it is necessary to analyze its future direction.Accompanied by the President of the United States trump's power,as a result of the President as head of administrative and executive power expansion,under the trend of the President of affirmative action has had a profound impact on the future direction,mainly embodied in the President through the specific administrative measures to adjust affirmative action,considering the political commitment to trump campaign and is represented by the white American lower group,and can make political atmosphere will present a willingly conservative tendencies,and makes the affirmative action increasingly conservative.In addition,the President has to nominate to the justice,trump is likely with the help of the federal Supreme Court nomination change liberals and conservatives strength contrast,everybody knows that makes the judicial field tend to be possible.Therefore,the future of affirmative action is not optimistic.The experience and lessons of affirmative action are of great importance to our current commitment to achieving equality and assisting vulnerable groups.China needs to simultaneously handle the equality of the form of equality has not yet fully realized and the urgent need to achieve the support of vulnerable groups utilitarian goals.In the choice of the object of help,we should fully absorb the gap between the United States and the ethnic groups as a result of the ethnicity,and find the scope of the target group which can be widely recognized.At the same time,drawing on the strict examination criteria and procedural requirements established by the judicial jurisprudence in the United States,according to our country's political system,the subject is applied,which makes the preferential treatment of our country get the constitutional review and ensure the realization of social effect.In addition,the interests of all groups should also be protected,so that timely access to social feedback to correct the corresponding measures.