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平等被视为正义的基本表现形式之一,但是追求绝对的平等很有可能损害正义,在现代社会,往往不平等才是正义的常态。不对称管辖协议是近年来国际民商事领域常见的管辖协议,在银行业、证券业等金融行业尤甚,它以合同相对方选择管辖法院权利的不对等为基本特征,然而却被合同主体广泛接受。本文将以此为例,尝试辨析平等与正义之间的关系,以阐明在现代社会所追求的社会并不以平等为基本前提,要杜绝平等的外表下所掩饰的实质上的不正义。
Equality is regarded as one of the basic manifestations of justice, but the pursuit of absolute equality is likely to undermine justice. In modern society, inequality is often the norm of justice. Asymmetric jurisdiction agreement is a common jurisdictional agreement in the field of international civil and commercial affairs in recent years. Especially in the financial industry such as banking and securities industry, it is based on the inequality of choosing the jurisdiction of court by the counterparty of the contract. However, accept. Taking this as an example, this article attempts to analyze the relationship between equality and justice, so as to clarify that the society sought by modern society does not take equality as the basic premise, and should eliminate the substantive injustice concealed under the appearance of equality.