平等保护请求权是一种公法上的请求权 ,是公民在遭受公权力的不公平对待后请求公法救济的基本权利 ,平等保护机制正是以此为基础而建立的。我国尚未承认公民广泛的平等保护请求权 ,因而受限于狭隘的行政诉讼范围 ,以致大量的公权力“歧视现象”无法通过法律途径加以解决 ,公民权利无法获得法律的平等保护。面对制度缺漏与问题叠出的困境 ,我国应以公民的平等保护请求权为基础 ,以立法机关的违宪审查与司法机关的行政诉讼制度为主要载体 ,建构符合我国法律体制的平等保护机制 The right of equal protection claim is a kind of public law right of claim, which is the basic right of civil citizens to request relief from public law after being unfairly treated by public power. It is on this basis that the equal protection mechanism is established. Our country has not acknowledged the citizen’s wide right of equal protection. Therefore, it is limited by the scope of the narrow administrative litigation. As a result, a large number of public power “discrimination phenomena” can not be resolved through legal means, and civil rights can not be equally protected by law. In the face of the dilemma of institutional gaps and problems, our country should take the citizens’ right to equal protection as the basis, the constitutional review of the legislature and the administrative litigation system of judicial organs as the main carrier, and construct the equal protection mechanism in line with China’s legal system