Relief The Right System In Contemporary China Research

The right of relief is an issue of human rights, which can not be ignored. The right of relief is very important to the human rights: as the almsgiving to the right, it closely relates to the continuous situation of the living safety and quality with persons, which is also the defending method for the persons'life and permanence from intermit, distortion, destroy or extermination. The right of relief is devoted not only to the right, moreover it can make the people to be the respectable individual and make them keep the existence as the principal body of"human being".Incompatible to the importance of the right of relief in the human rights system, at the moment the systematic, complicated research about the right of relief has not developed. Although in the scope for explaining the definition of the right of relief, the specific research about it is not effective. The fundamental definition has strong feature of the department of law, which lacks the cogitation for the definition, also lacks extrusive the meaning for the defense of human rights, even no discussion about institution from the macroscopically angel. Furthermore, the purport of the right of relief is extruded in the reign of procedure, also as the outstretched function of the right, not as the absolute one. The meaning of itself as the help for the national and social resources is palled off intentionally or inadvertently, making it show as the right of benefit, social defense, substantial help, saving and etc., which are not specific, unclear even nonstandard style of right, so the meaning is ignored as the preliminary human rights. But the congenital deficiency of fundamental theoretical research brings the research of the right of relief only in the completion of procedure; the research in the concrete departments of the right of relief makes people confused. It is lack of the systematic designs, moreover the contemporary institutions have many points which are pain, unclear and contradictory. The common public seeks relief under such disordered system. Therefore, thinking about the right of relief would be necessary for the national peace and tranquility, or for the meaning to protect the personal rights.What is the definition for the right of relief? The contemporary definitions for it probably could not give the satisfactory answers to us, because those ones nearly blur the values of the right of relief, which as one of the human rights and explanations on the basis of fundamental theory. In use of the political theory and the science of law, then putting it in the system of human rights, we should give such definition as follows: the right of relief means that the right for the petitionary state and society would give help to compensate the suffer and implementation, when the rights of common civilians have the hindrances to complete the rights of existences and when the rights of public get harmed. In simple words, the right of relief means the rights of relief in procedural and material, which also gives the definition from the broad field of view. The procedural right of relief also namely the right to get help procedurally, which means to provide the relief channels to the individual rights from legislation, administration or justice. Material right of relief also can be called the right to acquire the material help and relevant services, which is the right for the citizens who can get the material and economic services if they cannot get the fundamental life protections. In order to make the right of economy clear, the circumscription among the right of belief, benefit, society and petition and the others should be clarified. Except that, the attribution and the value analysis of the right of relief is the question that refers to how to understand the right of relief. Therefore, this article will give the detailed explanations about the following points: the right of relief is a negative or active right? does the constitution gives the clear definition for it? Does it has the nature of litigation? and some other points. As to the value of the right of relief, it has the following main aspects: firstly about defending the nature of independence; secondly compensating the harm for the main body of the right; thirdly safeguarding the existence safety and living quality of the main body. The summarizing of the implementation style for the right of relief is the basis to develop the research for the institutions. As to the relevant system and concrete practices, the implementations for the procedural right of relief mainly has the following methods on the basis of the natures for main body and strength: the methods for self-saving, including vengeance, duel, conciliation, self-decision, self-defense self-harm, evading; the methods for legal saving, including judicial saving, constitutional saving, administrative saving, legislative saving, national compensational saving; the methods for political saving, including appeal for the government and the leading party, telling or other methods to get help from the government, such as the parade, letters and visits from people or absolvent. For the material right of relief, we have the following methods: personal self-saving, including self-saving, family members saving, the poor saving; legal saving methods, including legislation saving, administrative saving and judicial saving; social saving methods, including non-governmental saving and social saving.Back to the concrete language situations of modern China, we will do research about the implementation system of the right of relief from the following four aspects: firstly the sense of legitimacy, namely as the rights of civilians in constitution; secondly the research about integrity, namely as the channels for the compensation when the rights for citizens are harmed; thirdly the research about the efficiency, namely that each relief channel exerts the functions; fourthly the research about the harmonies, namely as the relevant systems are efficient or not to the same right harmed or among the systems which are not used at the beginning.After across-the-board reviewing the complementation for the right of relief in China, the benefits and shortcomings are obvious. Therefore, we should suit the remedy to the case and bring forward the related conceive for the system, such as judicial right of relief into the constitution, the material right of relief to be the legal right, material right of relief to be legislated, to consummating the core system of the right of relief and etc.