试论公民的平等权

On the Right of Equality of Citizens

公民离不开平等权,平等权是宪法与宪政的重要内容。平等权应是公民的一个具体的基本权利,不能把它看作是一个宪法原则或者法制原则。本文对平等权的宪法渊源、含义及其与宪法基本人权、法治原则和刑法平等原则的关系、效力范围等进行了探析。

Citizenship cannot be separated from the right of equality, which constitutes an important part of constitution and constitutionalism. The right of equality should be a basic right enjoyed by citizens rather than a constitutional principle or legal principle. This paper discusses the constitutional history and meaning of the right of equality and the relationship between the right of equality and basic human rights, rule of law and equality stipulated in the criminal law. The efficacy range of the right of equality has also been investigated.