论平等权的冲突与平衡——建构社会主义和谐社会的视界

On the Conflict and Balance of the Right of Equality——A Horizon of Building a Harmonious Socialist Society

平等权的实现,是建构社会主义和谐社会的必然要求。然而,平等与不平等的对应关系,催生了平等权的冲突和平衡,研究平等权就是在冲突与平衡二元化的前提之下。平等权,就是指公民平等的享有权利,不受任何不正常的差别对待,要求国家同等保护的权利的基本内涵。分析了平等权的性质、地位和依据,并由"法律面前人人平等"的质疑探讨了平等权的冲突问题。

It is an inevitable requirement to realize the fight of equality in building a harmonious socialist society. However, the relationship between equality and inequality brings the conflict and balance to the right of equality. The research on the fight of equality should be done under the premise of a balanced binary. This paper points out that the right of equality means that each citizen should enjoy the same fight without any discrimination and their fight and interests should be equally protected by the government. Meanwhile, it analyzes the nature, the position and the basis of the fight of equality. On the basis of ＂everyone is equal before the law＂, the paper discuss the problem of conflict and proposes some suggestions on how to promote the balance between the conflicts.