What is the difference between legal equality and reciprocity

Equality is universal, and reciprocity is relative.

The popular understanding of equality means that everyone is like this, and the understanding of reciprocity is what you do to me, and I will do to you.

The wording is not strict. The original text of Article 33 of the Constitution of our country reads: "All citizens of the People's Republic of China are equal before the law", which is not the same as "all citizens are equal before the law". Because "equality before the law" refers to equality in the application of the law, "equality before the law" includes legislative equality, while legislative power is unequal.

The principle of equality is that everyone is equal, there is no distinction between high and low, everyone is equal, there is no difference, this is equal choice, fair choice is that everything must be dealt with fairly, can not have their own selfishness, this is the principle of fairness, the difference between the two of them is one is to people, one is to treat things.

The principle of equality in civil law refers to the fact that in civil activities, everyone's legal status is equal, so there is no distinction between high and low, and everyone should also follow such a principle, and the principle of fairness refers to the fact that when dealing with things, we must analyze the problem from an objective point of view, and cannot be biased.

In fact, there is no difference, because these two principles are very fair to people, and they can protect the interests of people very well.

Legal analysis: The law is fair, regardless of the design of the provisions or the logical results, it is the pursuit of fairness. But the reality is not fair, and it is difficult to achieve 100% fairness in the implementation of the law.

"Equality before the law" generally refers to equality in the implementation of the law, excluding equality in legislation. The main contents are: equal enjoyment of rights and equal fulfillment of obligations by all citizens; In our country, any citizen is bound by the Constitution and the law and is not allowed to have any privileges beyond the provisions of the law; All citizens are equal in the administration of justice, i.e. in the application of the law, in the execution of the law and in the use of the law; Equality before the law refers to equality in the capacity of citizens to be granted rights by law, and citizens are eligible to obtain the same rights under the same conditions, but does not mean equality in capacity.

It can be seen that equality before the law is only equality within the scope of the law, not equality in fact. Taking Chinese law as an example: (1) all citizens, regardless of ethnicity, race, gender, occupation, family background, religious belief, education level, property status, or period of residence, enjoy the rights stipulated by the Constitution and the laws equally, and equally perform the obligations stipulated in the Constitution and the laws; What this article says is that as long as you are a Chinese citizen, you can enjoy the rights and obligations stipulated by law, and no person or unit can deprive them (except as prescribed by law) (2) The legitimate rights and interests of citizens are all equally protected, and all illegal acts will be investigated according to law, and no lawbreaker or criminal element will be allowed to go unpunished. This article says that as long as you are a Chinese citizen, then your legitimate rights and interests are protected by law, and there is no speciality.

Infringing upon the lawful rights and interests of others must be investigated in accordance with the law. (3) Before the law, no citizen is allowed to enjoy privileges other than the law, and no one can force any citizen to assume obligations other than the law, and no citizen can be punished outside the law This article says that no matter what your status and status, etc., you cannot force a citizen to assume obligations outside the law.

In the legal sense, the law has two meanings: one is the same treatment in the same situation, and the other is the differential treatment in different situations.

The same situation is treated equally, and different situations are treated differently.

What is the applicable law for equality? What is equal application of the lawEqual application of criminal law, that is, equality before criminal law, means that the norms of criminal law are strictly applied in all occasions where they should be applied according to their content. This principle is enshrined in article 4 of the Penal Code.

The equal application of criminal law is a requirement for safeguarding legitimate rights and interests, a requirement for the market economy, a requirement for crime prevention, a requirement for the realization of value pursuits, a requirement for the criminal law itself as a norm, and a requirement for the rule of law. The specific requirements for the equal application of criminal law are: equal protection of the legitimate rights and interests protected by the criminal law; Anyone who commits a crime must be found guilty of a crime in strict accordance with the law; For any offender, the sentence must be based on the facts of the crime and the provisions of the law; Anyone who is sentenced to a criminal penalty must be executed in strict accordance with the provisions of the law.

Do you understand this explanation?