改革开放以来人权理论研究中“平等问题”的变与常

The Change and Constancy of “Equality Issue” in Human Rights Theory Research during the 40 Years of Reform and Opening Up

1978年,学界以"法律面前人人平等"口号掀起对包括法律平等在内的若干法学重大问题的大讨论。改革开放以来的40年,相关研究从深受阶级话语影响的思想争鸣,到阶级话语不断淡去的抽象理论研究,再到技术化、具体化的实践转向。这种"变"的脉络清晰可见,并在一定程度上揭示了人权理论发展的轨迹。而"变"中有"常","常"不仅在于贯穿40年的立法平等研究,更体现于理论研究呼应社会发展和时代变迁的内在不变逻辑。

In 1978, the academia broke through the theoretical forbidden zone with the slogan of ＂equality before the law＂ and initiated a great discussion on some important legal is- sues, including legal equality. During the past 40 years since the reform and opening-up, the relevant researches has changed from the ideological contention deeply influenced by class dis- course to the abstract theoretical researchwhere class discourse has been fading away, and then turn to the technical and concrete practical research. This ＂change＂ is clearly visible and, to a certain extent, reveals the track of the development of human rights theory. However, there is ＂constancy＂ in ＂change＂. ＂Constancy＂ not only lies in the study of legislative equality throughout the past 40 years, but also embodies the inherent logic of theoretical research in re- sponse to social development and changes in the times.