The Judicial Relief Of Human Rights Under The Vision Of Balance Legal Theory

Peace,development and human rights as a hot issue of the international community,has become the focus of human society.The protection of human rights is not only the aim and fundamental principle of international organization,but also the focus of legislation and the general trend of the development of the law society in China.The Chinese government attaches great importance to the international exchange and cooperation in the field of human rights,and also in the field of human rights relief in the legal field in our country continue to improve and develop.If human rights were not effective judicial relief,social public interests cannot appeal,is bound to cause the social contradiction,a right without remedy,justice is not done,the disputes outside the law,therefore judicial human rights is the total valve of social security.The fusion of law and human rights is inevitable,in the history of human rights struggle for the protection of human rights is not just as one falls,another rises,the political philosophy of the simple problem,or legal issues,the law should be adopted "the human rights",and the judicial protection of human rights is the last barrier.Although the legal construction of our country is constantly improving,but we also have to face many problems in our country's judicial,such as how to realize the substantive justice and formal justice to the balance between judicial activism of judges in maintaining the judicial authority on how to deal with the relationship between morality and law,are in the face of to circumvent the problem of human rights relief.This paper from the perspective of balance,with the method of balance theory,the theory of human rights concept of judicial relief theory and practice,the nature of human rights from human instinct regression,demands on the rights of the public power to realize human rights relief,emphasized in the field of human rights judicial public participation and supervision of judicial justice and judicial independence from human rights put forward the new requirements of the times.Through the study on the problem of human rights in view of balance of judicial relief can solve the lack of human rights law,so as to provide a new perspective for the realization of legal justice,more comprehensive consideration of the human rights remedy,and make a correct and effective method to solve the unification of legal theory and judicial practice of the realization of human rights relief let the system,protection of human rights in China continue to adapt to the development of the times,highlighting the law of justice.