亚洲精品久久久久久一区二区_99re热久久这里只有精品34_久久免费高清视频_一区二区三区不卡在线视频

Home / News Type Content Tools: Save | Print | E-mail | Most Read | Comment
First Case Involving Right to Equality
Adjust font size:
The People's Court of Wuhou District in Chengdu, capital of Sichuan Province, accepted a case involving right to equality based on Constitution on January 7, which represented the first of its kind in China. Zhou Wei, plaintiff attorney and associate professor with the Law School of Sichuan University, believes with the case entering legal proceedings, its significance is beyond whether or not it can win, as both the defendant and plaintiff can greatly contribute to the Chinese law.

On December 23, 2001, Jiang Tao and his classmates at the Law Department of Sichuan University read an advertisement for new staff of the Chengdu Branch of the People's Bank of China (PBOC). One requirement reads: "Male applicants shall be above 168 cm in height and female applicants above 155 cm."

"We felt bad and discriminated against after reading it," said Zhou, who is 165 cm. They decided to safeguard their constitutional rightthe right to equalitythrough legal means.

Finally, Jiang individually entered into the lawsuit against the PBOC Chengdu Branch, as the others were busy either preparing for a postgraduate course examination or looking for a job.

He submitted a complaint to the People's Court of Wuhou District, which says: The administrative action of the defendant (PBOC Chengdu Branch) in recruiting public servants violated the provision of Article 33 in the Constitution that "all citizens of the People"s Republic of China are equal before the law." The action restricted his qualification for application and infringed upon his right to equality and political right to be employed as a public functionary in accordance with the law. The defendant should assume corresponding legal liabilities. He asked the court to confirm the administrative action containing "height discrimination" as illegal and rule that the advertisement with such content stop to be published.

The plaintiff believes that as 40 percent of men in Sichuan are shorter than 168 cm, the decision of the PBOC Chengdu Branch Bank to set a condition on the height of new employees is illegal, because it lacks authorization of legal stipulations and the job has no connections with a person's height. The act infringed on the right to equality of those men who are below 168 cm and women below 155 cm, but qualified in other aspects.

For Jiang, the most important reward from the case is that "it is the first time that I ever felt the effect of the Constitution. From now on, I will feel confident in challenging and opposing any discriminatory action involving height, appearance, gender and residence registration."

Zhou said that it is bad to see the common occurrence of infringements on the right to equality in the country. The establishment of a constitutional procedure system should be accelerated through many specific cases so that citizens can obtain legal assistance when their constitutional rights are infringed upon, said Zhou, adding that this is why he insisted on bringing the case to court.

On January 10, the PBOC Chengdu Branch renewed its advertisement, this time without the height restriction. While expressing his satisfaction over this, Jiang said he was not going to withdraw the charge.

The case has become a focus of attention and disputes in law and academic circles and the media.

Can an Action be Brought Based on the Constitution?

Wang Lei (Associate Professor with the Law School of Peking University) and Wang Zhenmin (Associate Professor with the Law School of Tsinghua University): Yes, it can. It is not an ordinary labor relationship between administrative organs and public servants, to which the Labor Law is not applicable. Being employed as a public servant involves the right to work as well as a political right, because every citizen, who is qualified, has right to participate in the administration of State affairs. The height restriction infringes upon the right to equality and further infringes upon a political rightthe right of citizens to hold public employment. The principle of rule of law is that infringement leads to lawsuits. However, there are a great number of infringements that cannot be brought to a lawsuit. When administrative procedures fail to provide effective assistance to citizens, the Constitution has to be invoked to find a legal basis.

Cai Yaozhong (a lawyer with the Beijing Weiheng Law Firm): No, it can't. In my opinion, we should not deduce a concept of right to equality from the provision of Article 33 in the Constitution, which stipulates: "All citizens of the People's Republic of China are equal before the law." That all citizens are equal before the law should only be interpreted as citizens being equal in terms of applicable laws or in enjoying legal protection and performing legal obligations. Height restrictions infringe on the right to work but not the right to equality. In my view, the plaintiff may bring the action based on the right to work.

Mo Jihong (a researcher with the Institute of Law Science of the Chinese Academy of Social Sciences): It should be dealt with prudently. The current system has failed to properly deal with the restrictive relationship between rights as well as laws. Administrative procedures safeguard the authority of legislative organs, while constitutional procedures likely lead to judicial organs challenging the authority of legislative bodies. If final adjudications on cases involving constitutional procedures are made at local court and none of such cases needs to be brought to the Supreme People's Court, it would mean that the local court could challenge the State legislative bodies.

Therefore, judicial organs should respect the authority of legislative bodies during the application of law. The Constitution could be employed only under two circumstances. One is inaction of legislative bodies; for instance, legislative bodies fail to interpret the principles in the Constitution into concrete laws and regulations. The other is the occurrence of legislative crisis; for instance, in case legislative bodies deny that everyone is equal before the law, judicial organs would have to skip laws and regulations and apply the Constitution.

Equality: A Principle or a Right?

Fei Anling (Professor with the China University of Political Science and Law): Equality is not an independent right but a fundamental principle. Nowadays, there is a tendency to regard everything as a right. As a matter of fact, it generalizes rights, which, I'm afraid, will be depreciated. In my opinion, the height restriction infringes upon the right of equal employment by way of height discrimination. In fact, the right of equal employment means the right of natural persons to equally participate in competition and subsequently bring their working ability into play. I deem such a right to be a private one.

Wang Zhenmin: Equality is a type of right. In the current legal system, more demands of citizens have been compressed into the scope of personal and property rights. For many years, court staff thought personal and property rights are the only rights of citizens. Equality can be divided into political equality and social equality. In China, political equality, such as the right to vote and stand for election, has been well guaranteed while social equality is far from being developed. Social practices are full of discriminatory regulations. For example, male workers are entitled to housing allocation, while women workers are not; there are differences between urban and rural residents; and college admission marks vary in different regions. These social phenomena contribute to inadequate social equality, which reflect that protection of social equality is far from adequate in terms of legislation.

Jiao Hongchang (Associate Professor with the Law Department of the China University of Political Science and Law): Equality becoming a legal right is an outcome of the practice of the rule of law. Initially, equality was just a legal concept. Along with the social development, it has been regarded as a legal principle and further become an independent legal right. Only as a legal right can equality obtain judicial assistance. Everybody being equal before the law means the equality not only in terms of practical laws, but also in terms of legislation.

How to Realize Legal Assistance?

Mo Jihong: This case reflects deficiencies existing in the current legal system. Firstly, the system of legal assistance is incomplete; the system of right to action has been restricted to a great extent. Lots of rights could be offered, however, assistance could not be guaranteed when needed. Secondly, legal assistance mechanisms are not associated with each other, leaving many blank spaces. Thirdly, legal assistance itself is not scientific enough, and procedures are irrational. The right to action of interested parties cannot be guaranteed through the system. In a word, the relationship between the State power and citizens' rights has not been dealt with within a legal framework.

Dr. Chen Xinxin (with the Institute of Law Science of the Chinese Academy of Social Sciences): A court cannot refuse to put a case on file on the pretext that there are no legal provisions. Parties concerned have the right to take an action with regard to some cases. Justice is the last channel for the guarantee of human rights. The existence of blank spaces means the failure of a judicial system. How to guarantee the rights of interested parties is the first question to be considered and answered by the court.

( Beijing Review February 26, 2002)

Tools: Save | Print | E-mail | Most Read
Comment
Pet Name
Anonymous
China Archives
Related >>
- Career Women Need Equality
- Guangdong Ensure Laborers' Right
Most Viewed >>
- World's longest sea-spanning bridge to open
- Yao out for season with stress fracture in left foot
- 141 seriously polluting products blacklisted
- China starts excavation for world's first 3G nuclear plant
- 'The China Riddle'
- Irresponsible remarks on Hu Jia case opposed 
- China, US agree to step up constructive,cooperative relations
- 3 dead in south China school killing
- Factory fire kills 15, injures 3 in Shenzhen
- McDonald's turns to feng shui

Product Directory
China Search
Country Search
Hot Buys
亚洲精品久久久久久一区二区_99re热久久这里只有精品34_久久免费高清视频_一区二区三区不卡在线视频
亚洲国产一区二区视频| 亚洲无亚洲人成网站77777 | 国产午夜精品久久久久久久| 国产精品家教| 欧美日一区二区在线观看| 欧美激情中文字幕乱码免费| 免费精品视频| 免费视频一区| 噜噜噜躁狠狠躁狠狠精品视频| 久久久久一区二区三区| 久久久久国产精品一区| 久久久国产精品一区二区三区| 久久国产精品久久国产精品| 久久成人综合视频| 欧美在线观看一区| 欧美亚洲一区二区在线| 亚洲影院免费| 亚洲免费视频一区二区| 新67194成人永久网站| 午夜久久tv| 欧美在线播放视频| 久久精品水蜜桃av综合天堂| 久久久久久久久岛国免费| 久久久久久久久久久久久久一区 | 欧美日韩亚洲一区二| 欧美三级日韩三级国产三级| 国产精品s色| 国产欧美亚洲日本| 国内精品写真在线观看| 亚洲第一页自拍| 亚洲人成人一区二区在线观看| 亚洲日韩成人| 在线视频中文亚洲| 亚洲欧美国产另类| 久久av红桃一区二区小说| 亚洲国产影院| 一区二区三区四区五区视频| 亚洲欧美视频在线| 久久久九九九九| 毛片一区二区| 欧美日韩国产bt| 国产精品视频你懂的| 国产日韩精品综合网站| 激情欧美一区二区三区| 亚洲精品一区二| 亚洲一区久久| 久久精品一区二区三区不卡牛牛| 亚洲欧洲免费视频| 亚洲视频高清| 久久久精品日韩欧美| 欧美精品三级| 国产欧美精品在线观看| 原创国产精品91| 一区二区三区欧美日韩| 欧美一区二区国产| 亚洲精品国产精品国自产在线| 亚洲社区在线观看| 久久精品国产亚洲a| 欧美国产三区| 国产精品亚洲综合久久| 亚洲激情不卡| 午夜亚洲激情| 99精品免费| 欧美在线影院| 欧美日韩mv| 国产在线高清精品| 日韩一本二本av| 久久精品一本| 午夜精品成人在线| 欧美成人一品| 国产日韩欧美不卡| 91久久久久久久久| 午夜欧美大片免费观看| 亚洲精品女av网站| 欧美一区网站| 欧美精品在线看| 国产一区二区日韩| 99精品视频一区二区三区| 亚洲电影免费观看高清| 亚洲欧美日韩中文视频| 欧美精品高清视频| 国内精品久久久久久久97牛牛| 日韩写真视频在线观看| 亚洲成人中文| 小黄鸭精品aⅴ导航网站入口| 欧美日本一区| 亚洲电影免费观看高清完整版在线观看 | 午夜精品亚洲| 欧美另类视频| 在线看欧美视频| 亚洲视频欧美视频| 亚洲久久一区| 久久蜜桃资源一区二区老牛| 欧美调教vk| 亚洲欧洲精品成人久久奇米网| 久久精品99久久香蕉国产色戒| 亚洲欧美激情视频| 欧美精品一区二区三区四区| 影院欧美亚洲| 欧美一区国产在线| 欧美一区二区黄| 欧美色另类天堂2015| 亚洲电影自拍| 亚洲成人在线视频播放 | 久热精品视频| 国产亚洲精品久久久久婷婷瑜伽| 一区二区三区四区五区在线| 一本久道综合久久精品| 欧美粗暴jizz性欧美20| 影音先锋久久久| 久久国产视频网| 久久精品卡一| 国产亚洲精品久久久久婷婷瑜伽| 亚洲女人天堂av| 先锋影音一区二区三区| 欧美视频专区一二在线观看| 日韩视频不卡| 国产精品99久久久久久久女警| 欧美激情综合五月色丁香| 1204国产成人精品视频| 亚洲国产综合在线| 美女免费视频一区| 在线观看视频一区| 最新高清无码专区| 欧美成人午夜| 亚洲黄色大片| 夜夜嗨av色综合久久久综合网| 欧美极品在线播放| 亚洲精品国精品久久99热一| 99国产精品国产精品久久| 欧美精品18+| 亚洲乱码国产乱码精品精可以看| 99精品久久久| 欧美日韩精品免费观看视频完整| 日韩一本二本av| 亚洲欧美日韩直播| 国产欧美一区二区三区在线看蜜臀| 午夜精品视频在线观看| 久久久午夜电影| 伊人天天综合| 99精品国产在热久久| 欧美三级电影一区| 亚洲一区二区三区中文字幕在线| 性欧美暴力猛交另类hd| 国产欧美日韩视频一区二区三区| 久久精品麻豆| 免费高清在线一区| 亚洲精品日韩激情在线电影| 亚洲欧美成人在线| 国产亚洲欧洲一区高清在线观看| 亚洲高清在线播放| 欧美女同视频| 亚洲综合导航| 老牛嫩草一区二区三区日本| 亚洲欧洲精品一区二区三区不卡 | 免费在线看一区| 亚洲美女在线国产| 午夜日韩在线| 韩国在线视频一区| 一本色道88久久加勒比精品| 国产精品网站在线播放| 亚洲电影免费观看高清完整版| 欧美日韩国产免费| 午夜一区在线| 欧美激情一区二区三区高清视频| 亚洲一区二区不卡免费| 久久综合国产精品台湾中文娱乐网| 亚洲久久视频| 欧美在线free| 亚洲精品国产精品久久清纯直播 | 激情小说另类小说亚洲欧美| 99热免费精品在线观看| 国产日韩亚洲| 日韩写真在线| 国产三级欧美三级| 日韩午夜在线电影| 国产视频在线一区二区| 一本色道久久综合亚洲精品小说| 国产日韩欧美自拍| 日韩亚洲一区在线播放| 国产一区二区观看| 99天天综合性| 国内精品美女在线观看| 亚洲午夜未删减在线观看| 国产主播一区二区三区| 亚洲深夜影院| 亚洲第一伊人| 久久丁香综合五月国产三级网站| 亚洲激情视频在线观看| 久久精品91久久久久久再现| 日韩视频亚洲视频| 久久影院亚洲| 亚洲自拍偷拍网址| 欧美国产日韩xxxxx| 欧美一区二区三区四区在线观看| 欧美三级黄美女| 亚洲精品一区二区在线| 国产一区二区三区久久悠悠色av | 在线观看日产精品| 欧美中文字幕视频|