Although this principle has been confirmed by the laws of many countries in the world, including China's constitution, various phenomena in real life still make us confused about the application of this principle in life. How to face a large number of "unequal" facts in real life is a big problem worthy of our consideration.
1. "Equality" is not "equivalence". "Everyone is equal before the law" cannot be understood as "everyone is equal". There are differences between people, which is the diversity of "people". In other words, each of us is different not only in height, weight and skin color, but also in hobbies, personality, ability, level and so on. This difference comes from the different genetic codes of each of us. In the natural state, the same requirements for all people actually mean the death of people, and the diversity of people is the premise of people's existence and development. As the saying goes, "Ten fingers are long and the branches in the mountains are high and low", or "Ten fingers are long and the lotus is high and low". In the field of social public management activities, if everyone is required to be the same, it is bound to fall into the mud pit of egalitarianism, and we have a profound lesson in this respect.
2. "Equality" has the difference between formal equality and substantive equality, or between quantitative equality and quality equality. For example, when paying United Nations dues, countries pay different fees. Among them, the United States, Germany and Japan pay more than 1 billion dollars every year, and China ranks 13. Although the fees paid by different countries are different, there is little difference in terms of their own capabilities. For example, although China contributed 20 million US dollars in 2002, and we have done our best, the United States contributed the most, but in terms of capacity, it is not far behind other developing countries.
3. "Equality" is the equality of the whole society, not all. Some people think that sports are the most unequal. For example, basketball players often require 1.90 meters or more, and many talented young people are blocked from the door. In fact, when selecting male basketball players and volleyball players, it is often required to be more than 1.90 meters, but when selecting male gymnasts, it is often required to be no more than 1.70 meters, and when selecting football players, there is no special height requirement. Therefore, although there seems to be inequality in sports, it is equal in the whole society. Therefore, "equality" is not an individual and partial phenomenon, but the "equality" of the whole society. In this sense, equality is not absolute, but relative.
4. When realizing "everyone is equal before the law", we can't ignore the overall interests and requirements of society, including the special needs of society and the requirements of the industry. When we pursue "equality", we can't ignore the special interests and requirements of society. For example, professional service industries such as flight attendants should be allowed to have height restrictions. Similarly, specialized judicial organs such as procuratorates and courts also have special requirements such as academic qualifications when entering people. Of course, in the concrete implementation of this "inequality", the law should have a definition, that is, this field belongs to a specific industry and is necessary for a specific industry, not dispensable. If there are no special requirements for general industries and companies, the law should prohibit restrictions. For example, ordinary civil servants should not have special height requirements, as long as they are within the normal range. Therefore, there are often exceptions in the process of realizing the right to equality.
5. "Everyone is equal before the law" has ideal factors, and its ultimate realization needs the overall progress and development of the whole society in economy, politics and culture. We know that this principle originated from a slogan put forward during the bourgeois revolution. Since it is a advertising language, it must contain emotional elements such as exaggeration and exaggeration. From a rational analysis, this principle has an ideal component. At present, "everyone is equal before the law" should be the equality of most people. For example, in China, Beijing, Shanghai and other cities, teenagers can enjoy better living, educational conditions and cultural environment, while the conditions of teenagers in the mainland, especially in rural areas, are much worse. This is an objective phenomenon that we cannot ignore. So we say that "everyone is equal" is not absolute, but relative.
6. As far as jurisprudence is concerned, what we call equality is an equality of rights and abilities, not an equality of behavioral abilities. The so-called civil capacity for rights refers to the ability to enjoy rights and assume obligations according to law. Citizen's capacity for conduct refers to the qualification that a citizen can exercise his rights and undertake obligations according to law by his own behavior, thus changing or eliminating legal relations. All citizens are equal in their capacity for rights. The General Principles of the Civil Law stipulates that citizens have the capacity for civil rights, enjoy civil rights and assume civil obligations according to law from birth to death. However, the ability is not equal. According to the law of our country, minors under the age of 10 are persons without civil capacity, and their legal representatives represent civil activities. /kloc-Minors over the age of 0/0 are persons with limited capacity and can engage in civil activities appropriate to their age and intelligence. Other civil activities are represented by their legal representatives or agreed by their legal representatives; Citizens aged 16 but under 18, citizens aged 18 whose main source of livelihood is their own labor income, are people with full capacity and can engage in civil activities independently. The General Principles of the Civil Law also stipulates that a mental patient who cannot identify his own behavior is a person without capacity, and his legal representative acts as an agent for civil activities. Mental patients who can't fully recognize their own behavior are people with limited capacity and can engage in civil activities that are suitable for their mental state; Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives. So we say that "everyone is equal" is equality in rights and abilities, not inequality in behavioral abilities.
In short, the principle of "everyone is equal before the law" cannot be absolute in life, and it is more reflected in the equality of rights and abilities. There are many exceptions in real life, and this principle has certain ideal factors, and its ultimate realization still needs social development. In implementing this principle, we advocate neither egalitarianism nor idealism. We can wait for this principle with a rational attitude without giving up the pursuit of maximization of this ideal, which will help us correctly analyze and deal with the problems in real life with a peaceful attitude and understand these developing problems from a scientific point of view.