美国“流动人口”的平等保护及其对中国的启示
发布时间：2019-01-18 17:38
【摘要】：美国的"流动人口"曾经受到各种歧视。有的州法在福利援助、投票权、免费医疗服务等方面区别对待来自外州者。这种歧视频频受到挑战,美国最高法院在这一领域发展了丰富的判例。真实美国最高法院使用了平等保护条款,但平等保护条款的审查思路无法很好地解释为何区别对待老居民与新来居民和区别对待本州人与外州人两种情形不一样,因而缺乏说服力。在科恩教授的呼吁下,美国最高法院最终采纳了"优惠与豁免权条款"作为审查这类案件的依据,形成了新的更有说服力的审查思路。基于优惠与豁免权对一国公民的重要性,它所包含的观念应成为我国制定和改革"流动人口"政策的出发点。
[Abstract]:The "floating population" in the United States has been subjected to various forms of discrimination. Some state laws discriminate between people from outside states in terms of welfare assistance, voting rights, free medical services, etc. This discrimination is frequently challenged, and the United States Supreme Court has developed rich jurisprudence in this area. True, the Supreme Court of the United States used the Equal Protection Clause, but the idea of examining the Equal Protection Clause does not explain why the distinction between old and new residents and discrimination between native and expatriate people is not the same. Hence the lack of persuasion. At Professor Cohen's appeal, the U.S. Supreme Court finally adopted the preferential and immunity Clause as the basis for examining such cases, forming a new and more persuasive approach to review. Based on the importance of preference and immunity to the citizens of a country, the concept it contains should become the starting point of formulating and reforming the policy of "floating population" in China.
【作者单位】： 北京行政学院法学部;
【分类号】：D771.2
，
本文编号：2410948
[Abstract]:The "floating population" in the United States has been subjected to various forms of discrimination. Some state laws discriminate between people from outside states in terms of welfare assistance, voting rights, free medical services, etc. This discrimination is frequently challenged, and the United States Supreme Court has developed rich jurisprudence in this area. True, the Supreme Court of the United States used the Equal Protection Clause, but the idea of examining the Equal Protection Clause does not explain why the distinction between old and new residents and discrimination between native and expatriate people is not the same. Hence the lack of persuasion. At Professor Cohen's appeal, the U.S. Supreme Court finally adopted the preferential and immunity Clause as the basis for examining such cases, forming a new and more persuasive approach to review. Based on the importance of preference and immunity to the citizens of a country, the concept it contains should become the starting point of formulating and reforming the policy of "floating population" in China.
【作者单位】： 北京行政学院法学部;
【分类号】：D771.2
，
本文编号：2410948
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