A Study On Realtionship Between Legal Classification And Equal Protection Of Law

Legislative classification, namely different treatment in law, has a conflict with the principle"Equal protection of law". For one thing, legislative classification isn't prohibited, because the principle"Equal protection of law"admits different treatment. For another, legislative classification needs to be supervised. Because only when the different treatment made by legal classification is rational can a law pass the judical review. So any country whose constitution has include principle"Equal protection of law"should scrutinize legislative classification.The requirement put forward by principle"Equal protection of law"for requirement is rational. The rational"different treatment"standard includes"rational basis"and"rational measure". Rational basis means an existence of difference and the difference is related to the goal of law. Rational measure requires special measure to help realize the goal of law and measure must be under the scope of standard.Because we lack practical Judical Review system, we may borrow the theory of American Judical Review. The way to judge constitutionality is based on two aspects. One is the reasonability of classification scope, and the other is the reasonability between special measures and goal of laws. In addition, the complexity of legislative classification requires a new standard to differentiate among the three scrutinies.There is a lot of legislative classification in China, some of them is on the suspicion of breaking"Equal protection of law". But none of them is questioned. The main reasons are as follows: a lack of judical review system,law-makers'non-awareness of importance of"Equal protection of law",no definite way to scrutinize legal classification. Thus we should establish and improve our system,idea and way of judical review in order to scrtuinize the legislative classification.