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1. The basic content of citizens' right to equality.
1. Equality between men and women.
2. Ethnic equality.
3. All citizens are equal before the law.
2. The extension of citizens' right to equality.
1. All citizens enjoy their rights and fulfill their obligations equally;
2. The right to equality enjoyed by any citizen is not absolute and should be bound by the Constitution and laws;
3. The right to equality of citizens mainly refers to equality in law enforcement and justice, and the main content includes equality in the implementation of laws, the implementation of laws, and the application of laws;
4. Equality before the law refers to the equality of rights and capacity, not the capacity to act.
of equality. Because the capacity for conduct varies from person to person, and the capacity for rights is common to all people. Therefore, equality before the law is only equality within the law, not de facto equality.
3. The Constitution stipulates the right to equality of citizens.
Article 33, paragraph 2 of the Constitution stipulates: "Citizens of the People's Republic of China.
All are equal before the law. ”
Article 5, paragraph 5, states: "No organization or individual may have privileges that go beyond the Constitution and the law. ”
Paragraph 1 of Article 4 stipulates that "all ethnic groups in the People's Republic of China are equal"; "Discrimination and oppression against any ethnic group are prohibited".
Paragraph 1 of Article 48 stipulates that "women in the People's Republic of China enjoy equal rights with men in political, economic, cultural, social and family life"; Paragraph 2 stipulates: "The State shall protect the rights and interests of women, implement equal pay for men and women for equal work, and train and select women cadres."
4. The validity of citizens' right to equality.
There are two views on the scope of the validity of the right to equality, one of which is that the right to equality is limited to the application of law.
The doctrine of equality in the application of law, but not in the content of the law, is also called the "doctrine of equality in the application of law". Since this doctrine actually denies the binding effect of the principle of equality on the legislator, it is also called the "legislator's non-binding theory" in foreign constitutional law. Another view is that the right to equality is not limited to equality in the application of the law, but should also include the right of people to equality in the content of the law.
The legislator cannot enact laws that are contrary to the principles or principles of equality, in particular preferential or discriminatory provisions for specific groups, with the aim of prohibiting the legislature.
arbitrary legislation. This doctrine is also known as the "doctrine of equality of legal content" or the "doctrine of restraint of the legislator". Some people in China's constitutional law (as of September 16, 2012) advocate the "theory of equality in the application of law", the main reason is that the law is the embodiment of the will of the people and has a class character, so the people and the enemy cannot be equal in legislation.
This view has a distinct imprint of the times, but it has great logical inconsistencies in theory.
In fact, the criticism of the "theory of equality of legal content" against the "theory of equality in the application of law" is very powerful. If we only admit that the law is appropriate.
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2. All citizens shall equally fulfill their obligations under the Constitution and laws.
3. When applying the law, the state organs shall protect or sanction all citizens equally and shall not be different from person to person.
4. No organization or individual may have privileges that go beyond the Constitution and laws.
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What does the right to equality of citizens consist of? The right to equality refers to the right of citizens to enjoy their rights equally, not to be treated differently in any way, and to demand equal protection from the state. The right to equality is a basic right stipulated in the Constitution of our country, and it is the premise and basic condition for the subjects of rights to participate in social life.
The right to equality of citizens has the following meanings:
All citizens enjoy the rights provided for by the Constitution and the law on an equal footing;
All citizens are equally responsible for fulfilling their obligations under the Constitution and laws;
When applying the law, state organs shall protect or punish all citizens equally and shall not be different from person to person;
No organization or individual may have privileges that go beyond the Constitution and laws.
The main elements of the right to equality in our Constitution include:
Equality; ethnic equality;
All citizens are equal before the law.
Legal basis] Article 33 of the Constitution: All persons with the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens of the People's Republic of China are equal before the law.
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All citizens enjoy equally the rights provided for by the Constitution and the law;
All citizens are equally responsible for fulfilling their obligations under the Constitution and the law;
When the State authorities apply the law, the protection or punishment for all citizens is equal and varies from person to person;
Any organization or person must have the desire to transcend the Constitution and the law, thank you.
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The equal right of citizens means that all citizens are equal before the laws stipulated in the Constitution.
Legal analysisThe State not only recognizes and guarantees the rights and freedoms of citizens through laws, but also provides more and more guarantees for citizens to exercise their freedoms and rights through reforming the political system and developing economic and cultural undertakings. The more the rights and freedoms of citizens can be guaranteed, the more conducive it is to stimulate political enthusiasm and production enthusiasm, and more consciously fulfill their obligations; The more motivated citizens are to consciously fulfill their obligations, the more prosperous and powerful the country will be, and at the same time, the more protected the rights and freedoms of citizens will be. Any right has a scope.
The exercise of rights cannot go beyond its own boundaries and cannot be abused. Individual freedoms and rights cannot be to the detriment of the national, social, collective interests and the legitimate freedoms and rights of other citizens. The exercise of citizens' rights shall be carried out in accordance with legal procedures and in accordance with prescribed forms, steps and processes.
The rights and duties of citizens are interdependent and mutually reinforcing. The realization of rights requires the fulfillment of obligations, and the fulfillment of obligations promotes the realization of rights. Citizens are both holders of legal rights and bearers of legal obligations.
Some of the rights of citizens are also obligations. Upholding the unity of rights and obligations, no citizen can only enjoy rights without assuming obligations, nor should he only assume obligations without enjoying rights. It is necessary not only to enhance the awareness of rights and exercise rights in accordance with the law, but also to enhance the concept of obligations and consciously fulfill legal obligations.
Legal basisConstitution of the People's Republic of China
Article 33 All persons with the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens of the People's Republic of China are equal before the law. The State respects and protects human rights.
Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law.
Article 34: Citizens of the People's Republic of China who have reached the age of 18 have the right to vote and to stand for election, regardless of ethnicity, race, sex, occupation, family origin, religious belief, educational level, property status, or period of residence; However, this excepts apply to persons who have been deprived of their political rights in accordance with the law.
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2. All citizens shall equally fulfill their obligations under the Constitution and laws.
3. When applying the law, the state organs shall protect or sanction all citizens equally and shall not be different from person to person.
4. No organization or individual may have privileges that go beyond the Constitution and laws.
Yes. The fundamental rights of our citizens.
1.The right to equality. >>>More
1) equality before the law;
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1) equality before the law;
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