On Dispute Resolution Mechanisms And The Basic Right To Relief

Summary of the existing judicial system are no longer able to meet the demands of citizens'fundamental rights and the urgent need for relief, actively exploring a more diverse and efficient relief path for litigation and litigation, is the trend of major trends. Our traditional non-litigious dispute resolution such as mediation for a long time and is driven by the "judicial crisis" and "litigation explosion" the grim situation, traditional forms of mediation and other non-lawsuit, age-old "wisdom of the East" there is a potential energy and great justice. Judicial reform and the establishment of socialism with Chinese characteristics tide to diversify the legal system of dispute resolution theory provides space for development, relief and diversified dispute resolution mechanisms and rights linked to provide a historical turning point. Fundamental rights whether they are perpendicular to the horizontal effect or its effect in constitutional law, constitutional law and common law found in the different relief effectiveness level of implementation by it. Should civil as well as grass-roots level will be buffered solution, giving right to autonomy and self-government bodies at the basic level to coordinate, stimulate the nerves and vitality of the grass-roots organizations, play a basic advanced organizations is very desirable. Constitution:Dynamics of the Constitution, there should be conditions of the open Constitution, which was to strengthen the effectiveness of the application of the fundamental rights, as well as relevant decisions provide a ruling pursuant to the inevitable. At the same time strengthening the constitutional interpretation, Constitution and the fundamental rights of the abstract terms managed to provide specific connotation and denotation of refinement. Establish a system of judicial review is also a constitutional development needs, monitor legislation have been the most powerful tool is also a source of relief to the fundamental rights of the necessary path. Give relief to civil protection through legislation and the right to request social assistance basic declaration of the right of petition is also a basic civil right to relief representation.