平等是法律所追求的价值目标,实体平等和形式平等并非对立的两个方面,法律在追求其实现的同时必然会存在手段的不同。实体平等是目标,形式平等是手段,但是形式平等并非在所有情况下都能完全适用。本文试图从关于平等的争议问题中,抽象出争议行为的性质,进而探究针对不同性质的行为该如何去对待的问题。 Equality is the value goal pursued by law, and substantive equality and formal equality are not two aspects of opposition. The law is bound to exist at the same time as the pursuit of its realization. Substantive equality is a goal and equality of means is a mere formality, but formal equality is not always applicable under all circumstances. This article attempts to abstract the nature of controversial issues from the controversial issue of equality, and then explore the question of how to deal with acts of different nature.