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HBV Discrimination and the Basic Rights Security of Civics

Author: YuChunHua
Tutor: WuXiaoQiu
School: Southwest University of Political Science
Course: Constitutional Law
Keywords: Discrimination HBV Discrimination Equal Right Constitutional Litigation Unconstitutional Review
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 77
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Abstract

Equal right, as a basic right which had been written into the constitution, has already been known and cognized by people. "Equal Justice Under Law" also had become a fundamental law principle of China. However, the HBV group, which contains 130 million people, about 10% of the total population of China, are suffering the discriminations and unfair treatments from the society. No matter in school, at work or in daily communication, they are treated as a vulnerable group, bearing the society’s pressures that should not belong to them. Against the HBV discrimination has a significant meaning to achieve the equality. This thesis aims at proposing some suggestions legally on how to solve the discrimination by the analysis of the HBV discrimination’s existing state and causes. Generally, the thesis is made up of six parts.The introduction explains this thesis’s writing background and the author’s writing intention.The first part gives a definition of discrimination legally and reveals the essence of discrimination --- unjustifiable different treatment. Then the author further educes the HBV discrimination’s definition, pointing out that the discrimination’s object is the HBV group. Next the author defines the HBV group legally and comes up with the object going to analyse ---those who carry the Hepatitis B virus but do not suffer HBV and have a very low level of contagion. At the end of this part, the author studies the causes of HBV discrimination from four aspects which are sociology, economics, culture and law, explaining the reasons of the HBV discrimination’s wide existence in our country.Part two is a discussion of constitutional issues which caused by HBV discrimination. Here the author mainly focus on two aspects. The first aspect is the study of equal right, namely, the HBV discrimination infringes the equal right of citizens; then the second aspect the author comes up with the view that those who suffer from the HBV discrimination shall receive the relief through constitutional litigation. In the first part of the second aspect, the author firstly analyzes the equal conception and the equal right, and then identifies the equal right legally. Comparing with the formal equality and substantive equality in both advantages and disadvantages, the author concludes that the real equality is available only if they were integrated. Finally the author refers to the German Constitution’s third person application of fundamental rights and then has some understanding about China’s private law effect of constitutional fundamental rights, searching for a better constitutional fundamental rights protection mode. In the second part of the second aspect, the author makes a discussion of constitutional litigation rescue. After studying“the First Case of HBV Discrimination”, the author positions the nature of the case’s violation of constitution, drawing that the equal right shall receive the relief through constitutional litigation and presenting the need of establishing China’s unconstitutional review system.The third part shows the Chinese changing-attitudes towards HBV issues under the efforts of the HBV group. Firstly the author talks about the HBV group’s practice in opposing the HBV discrimination; and secondly the author according to the amendment of HBV contents in some laws, rules and regulations, shows the phenomenon changed in HBV Discrimination to a certain extent; thirdly, the author looks forward to the popularization of HBV knowledge and then the public’s understanding and identification.Part four reveals the HBV discrimination’s existing state and causes. After related laws’s promulgation, the HBV discrimination still exists widely. There must have some reasons behind it and the author concludes five of them.Part five, the author refers foreign countries’experience in legislating anti-discrimination and reflects the lack of China’s equal right protection. After learning the foreigns’anti-discrimination theories, the author then points out the imperfectness of China’s anti-discrimination law. Based on the comparison of the UK, Germany and the USA’s constitutional equal right protection mode, the author reflects the lack of China’s equal right protection.Last part, the author proposes some law actions against the HBV discrimination which from the aspects of establishment of unconstitutional review system, legislation remedy and administrative remedy.In conclusion, the author sums up paper’s points, and also the insufficiency.

HBV Discrimination and the Basic Rights Security of Civics

Abstract

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