论平等权的立法保护

On Legislative Protection for the Right of Equality

平等权是一项基本人权,保障平等权的实现是摆在我国法律工作者面前的一项重要课题。除了司法权、执法权受平等权拘束外,立法权也应受平等权的拘束,这就要求从立法上来设立平等权保护的标准,亦即合理差别对待的标准。而平等权立法保护的实现有赖于在我国切实建立起违宪审查制度,并加强有关平等权保护的立法工作。

The right to equality is an essential human right. To ensure the realization of it is an important task placed in front of the law workers in our country. Besides the power of the administration of justice and the power of the enforcement of law, the legislative power also should be restrained to the equal right, which demands to set up the standards for the equal right protection from legislation, which also can be called the standards for the discriminative treatment without rational reasons. While the realization of the legislative protection for the equal right relies on the establishment of unconstitutional review systems in practice and the reinforcement of legislative work concerning the protection for the equal right as well.