Research On The Suitability Of Law

Justiciability of law means that any citizen,legal persons and other organizations can directly submit requests to the courts for dispute settlement on the basis of law.At the same time,judges are easy to directly adjudicate disputes because of the completeness and meticulousness of legal elements.Justiciability of law contains profound logic of rule of law.To get started,the basic content of law is rights,and the existence of rights necessarily requires the existence of rights relief channels.In modern countries,justice is the most important and last line of defense to safeguard rights.Without the justiciability of law,judicial initiation will be impossible.Well,this is only part of the story.Another significant element is that constraining public power and protecting private rights are always the eternal theme of the rule of law.Administrative power is the most aggressive public power.In practice,the restraint of administrative power mainly depends on judicial power,and the full implementation of judicial power also depends on the justiciability of law.The last but by no means the least key ingredient is that the importance of social public interest has become increasingly prominent in modern society.Modern countries generally use public interest litigation to safeguard social public interest.The vigorous development of public interest litigation inevitably requires that the law should improve the provisions on the subject of prosecution,the way of proof and the identification of evidence,which also points to the justiciability of law.The common law legal family emphasizes “proceeding from facts”.The common law originates from litigation.In the absence of writs,the equity law guarantees that judges can directly adjudicate cases according to the principle of fairness and justice.The precedent case rule provides judicial remedy channels for new interest disputes and protects the interests of the parties from being abandoned by law when loopholes arise in law.The above facts make the common law legal family naturally believe in the idea that relief is prior to rights,and determine that the justiciability of law is self-evident in the countries of the common law legal family.The civil law legal family pays attention to “starting from norms” and pursues the complete and delicate law.The loopholes that will inevitably appear in the law will cause obstacles to the justiciability of the law.In order to remedy this defect,contemporary civil law countries have begun to pay more attention to the application of judicial precedents to improve the justiciability of law.The experience of civil law countries in improving the justiciability of law is obviously of great significance to the construction of the rule of law in China.The lack of justiciability of private law in China is mainly reflected in the fact that it is difficult to fully apply the legal principles in the current judicial practice.Judges are too persistent in abiding by legal rules.In the process of hearing cases,judges usually only regard the legal rules as the basis of trial.In the absence of legal rules,judges often refuse to adjudicate.Even if there are cases in which judges apply legal principles,their application mode is very simple and lack of standardization.The lack of justiciability in public law is mainly reflected in the lack of liability provisions in the legal rules,that is,the relevant legislation has set a large number of powers for the power organs,and has not matched these powers with corresponding legal liability provisions.This situation leads to the fact that the law either has the right to be irresponsible,or the liability clause is extremely general,or the administrative liability is used instead of the legal liability.Citizens can not sue for the infringement of some public power departments.The lack of justiciability of social law is mainly reflected in the excessive symbolic legislation.Some legal provisions neither stipulate the relevant subjects nor the corresponding responsibilities,but merely announce the attitude or policy of the state.The improvement of justiciability of private law lies in the full application of legal principles.The deficiencies of public law and social law in justiciability need to be remedied by detailed legal rules,that is,to achieve the integrity,clarity and operability of the logical structure of legal rules,to clearly stipulate the subject of rights and obligations,legal consequences and the corresponding processing agencies,settlement procedures and enforcement agencies,and to minimize symbolic legislation.Judicial interpretation is also an effective supplementary means to enhance the justiciability of law.Judicial interpretation can effectively clarify the true meaning of the law,and even in the case of legal vacancies,judicial interpretation can play a role in creating the law and make up for the vacancies in the law.Therefore,judicial interpretation promotes the judicial application of the law and enhances the justiciability of the law by clarifying and even making up for the vacancies in the law.At the same time,in recent years,the Supreme People's Court has published many guiding cases,which also play an important practical role in the unification of judicial decisions and supplementary laws,which makes them naturally closely related to the justiciability of law.