The Concretization of the Principle of Equality: A Hermeneutic Reconstruction of Article 33, Paragraph 4 of the Chinese Constitution

LIU Jianlong

Abstract: Traditional constitutional theory holds that Article 33, Paragraph 4 of the Chinese Constitution establishes the principle of the consistency of rights and obligations. However, with the evolution of constitutional theory and practice, its interpretation has shifted. It is increasingly viewed as a concretization of the principle of equality, although this perspective has not been thoroughly substantiated in academic circles. Upon closer analysis, interpreting this provision as the “consistency of rights and obligations” reveals several issues, including counterevidence from the constitutional drafting history, a lack of internal coherence, and a misalignment with the functions of the Constitution. By revisiting the specific context of this provision, it can be understood as an anti-privilege clause, serving as a special annotation of the equality principle. This approach enables a harmonious interpretation of this provision alongside other constitutional provisions.

Keywords: principle of the consistency of rights and obligations · principle of equality · anti-privilege