The Conception Of Litigious Right From Constitutional Angle

The Constitution and law vest various rights in all the social members. Correspondingly, when these rights are violated or disputed, the Constitution and law also confer a relief right by means of national authority on all the social members, and this right is called the Litigious right. The Litigious right which acts as the relief right has assumed world constitutionalism tendency on Constitutionalization and Internationalization. The embodiment of the Constitutionalization of Litigious right mainly lies in: every country in the world deems one after another that essence of the Litigious right is in accordance with the attribute of constitutional right,in addition ,they also add the Litigious right into the Constitution in order to safeguard it better. The main reflections on Internationalization of the Litigious right are most of the international human rights covenants such as: "The Universal Declaration of Human Rights", "Rights of citizens And Political rights International Joint pledge", "European Human rights Joint pledge" and so on are all formulated to safeguard the citizens' litigious right to be as explicit, statutory, standard as possible. However, Litigious right is not prevalently paid close attention and obtained special protection in china in the face of the tendency of constitutionalism on Constitutionalization and Internationalization. In the daily life, there are a lot of harmful phenomena that the citizens' litigious rights are restricted, persecuted, deprived. Facing the difficult situation on the development of the Litigious right in china, we can't wait to death. Therefore, the author attempts to safeguard the Litigious right from the constitutional angle, and returns the essential attribute of constitutional right to the Litigious right as well as writes the Litigious right in the Constitution text. Consequently, this thesis "the conception of Litigious right from Constitutional angle" emerges as the time demand.The thesis is composed of four chapters with totally more than 60,000 words. The main content of every chapter is summarized as follow:The first chapter mainly expounds the origin of theme on "the conception of Litigious right from Constitutional angle". As is known to all, constitutional special cases are known to every family and household in China, such as: "Qiyuling case", "Yan'an bule film case", "hepatitis-B discrimination case" and so on. In the chapter author takes typical cases as a starting point into consideration and introduces respectively the flaws which exist in safeguarding the Litigious right in the constitution and in the common law, and obstacles which the Litigious right are executed in judicial practice, and other affected factors which the Litigious right of citizen are executed and so on. The purpose of the chapter is to stress the necessity of the Litigious right so as to add it into the Constitution and understand profoundly the significance of "the conception of Litigious right from Constitutional angle".