The Research Of Judicial Relief For China Constitutional Basic Rights

The former part of the paper mainly discusses what relief is and why there is relief. The paper begins with cases and points out two present facts about civil basic rights relief. One is that infringements of civil basic rights repeatedly happen. And the other is that it is difficult to receive judicial relief after infringements. Then the paper indicates the reasons from point of view of law, society and systems. To face such problems, what should we do, just hesitate or progress? Therefore, the paper systematically illustrates necessity and urgency to build national relief system for civil basic rights. Furthermore, the paper gives a reverse argumentation of its possibility to remove people's qualms and clear away their ideological obstacles for a long time.The latter part of the paper mainly discusses who and how carries out relief. The paper does a sufficient research on relative institutional models overseas, national political system and national conditions. And according to requirements of system completeness and foresee, the paper builds Chinese formwork of judicial relief for basic rights, which regards receiving political risk and institutional cost as a point of departure. And the Chinese formwork refers to the joint formwork that National People's Congress, the Standing Committee of National People's Congress and intermediate people's courts or above all together carry out civil basic rights relief. And then the paper introduces how the framework runs. Besides, the paper clearly explains constitutional basic rights applications and miscomprehension of constitutional litigation. Last, the paper systematically analyzes the premises of constitutional rights relief, the effect concerning the third party, relative pattern of obligation and sanction modes.