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On The Justice Reasons Of The Citizen’s Right To Accuse The State Organs And Functionaries

Posted on:2015-01-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y J GuFull Text:PDF
GTID:1226330467967724Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The right to accuse the state organs and functionaries that were in violation of law ordereliction of duty is provided for one of the fundamental rights of citizens in the Article41of theconstitution of PRC. For a long time, this right has been discussed as a democratic right whichembodied the socialist nature of the constitution of PRC in jurisprudential circle and especially inconstitutional community, with the democratic meaning being emphasized. It’s the interpretation thatderived from the need of seeking the legitimacy of regime and strengthening the principle of popularsovereignty at the beginning of the founding of new China.However, this is a nation-building time. Along with the gradual establishment anddevelopment of the socialist market economic system, the issues of fairness and justice hasbecome one of the crucial social problems which may affect the development of society.Among them, whether the relationship between citizens and government being just or notdirectly impacts the political and social justice. Based on the issue of how to promote socialjustice, this paper chooses the right to accuse which is directly related to the officials and thepublic relations and regards justice as a new view to observe, explore and recognize theacademic and legal principle. From this perspective, the right to accuse is valuable to promptthe political justice and drive the social justice. Consequently, it is necessary to further inquirythat why the citizen’s right to accuse can prompt justice? In other words, what’s thetheoretical basis behind the right to accuse?(Chapter1, Chapter2and Chapter3), what justicevalue included in the right to accuse and how to give full play to its justice value?(Chapter4).All is the justice of the citizen’s right to accuse that would be explored by this paper.The Introduction discusses the necessity and significance of this research from theperspectives of the realistic demands and theoretical demands, the fundamental problems ofthe right to accuse and awareness and the theory tools and road in this paper.The Text that includes four chapters studies the details of the Justice of the Citizen’sRight to Accuse the State Organs and Functionaries, which follows the developing road ofthat right that the accuse acts took place, then became one of human rights, citizen rights andreal rights.The first chapter is to explore the justice origin of the act that the citizens accuse thestate organs and functionaries. Inevitably, the infringed person would try to ask forrectification of infringement, punishment on the tort and the compensation for loss from the need to justice in human nature, which is called corrective justice. To achieve the moregeneral justice, private revenge was replaced by accusation whose object was the authorityfrom a third party. In order to attain justice more effectively, the social authorities which dealwith accusing were replaced by the state, which brought a new injustice and serious tort that thecitizens always be injured by the state. Then the citizens injured accusing the state took place tocorrect the injustice. Consequently, accusing the state originated from human needing thecorrective justice.But accusing the state wasn’t justifiable originally. The second chapter resolves theproblem that when and how accusing state and functionaries became one of human rights andwhat are the justice reasons it based on. Though accusations existed in ancient times, thoseactions lacked of enough reason in the theories of justice. Until the period of modernEnlightenment, had been justified as one of human rights sufficiently by the Classical NaturalLaw Theory based on the advantageous resource of the justice theory of the Old West. In onehand, the theories of Natural Conditions and Natural Rights created the modern concept ofhuman rights provided powerful theoretical tools for justifying citizens accusing the statefunctionaries; in the other hand, the theory of social contact established the objective status ofthe individuals being superior to state, accusing state justified.The third chapter attempts to respond how citizen accusing state functionaries changedfrom one of human rights to a legal right of citizen or what the justices it pursued. Firstly, themodern justice of law that values rights as standard prompted laws to protect citizens whowas infringed by the state; Secondly, the Marxism political justice that advocates people’sdemocracy prompted the constitution of PRC to stipulate that accusing the state organs orfunctionaries is a citizen’s right. So it’s the regulation that reflecting the socialist principle ofpeople’s democracy distinctly.The fourth chapter mainly examines the justice values of the legal right to accuse thestate organs and functionaries, as a legal right, at the time of changing into actual rights ofcitizens. Even the right to accuse can meet some demand of justice, strengthen the justiceattributes and create a just social order, that right not only lack of enough protection by thestate but also being abused by the citizens. In order to develop the justice values of the right toaccuse, the system and capacity of national governance must be further modernized to put theright to accuse into practice fully, and abusing of that right must be managed according tolaws to propel citizens interact with the state by reasons. The Conclusion reveals the justice which the right to accuse pursues is a sort of Mean,and it would be realized only depend on the rule of law. As a result, the construction of theChinese rules of law must be promoted to develop the just value of the right to accusecompletely.
Keywords/Search Tags:the Citizen’s Right to Accuse the State Organs and Functionaries, Human Rights, Justice, Rule of Law, Mean
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