Relieve Right To Visit For The First Time

" The one who has rights must be relieved, The one who is not relieved has no rights promptly " ,which is a legal famous saying which is frequently heard and repeated in detail by the lawyers. But in the contemporary Chinese development history of law, a phenomenon which should originally be paid close attention by the Chinese scholars, but in fact is ignored. This phenomenon is the research on the citizen's relieve right.In view of the law practices of all over the developed country at present, relieve right as a basic human rights, has already been generally written into the constitutions of various countries and has got the good developments in practice, received the affirmation and guarantee of international human rights conventions such as " Declaration of Human Rights of the world ", " the citizen's right and international convention of the political right ", etc.. However, such a basic human right has not got the due affirmation of constitution of our country. This is not extremely accord with the goal that our country wants to build a socialist country which is governed by law, and the gold of constructing the socialist harmonious society. In view of this, probe into relevant theories of the citizen relieves right, for improving our country's citizen relieve system, propose the ways and means to make our country to become one having important theory value and realistic academic task of meaning.The purpose of this paper is to build a law system which guarantee the citizen's relieve right and a valid way to relieve, enlightened the relieve right's key status in every right of the citizen of right, thus strengthen the actual effect of protecting the human rights, accelerate the process of our socialist society governed by law.The article has adopted the means of history reviewing, compare and analysis. Depend on these research approaches, probe into citizen relieve right's origin, development, characteristic at home and abroad and under the different law department (especially constitution), and the right's confirm stating exhaustively to situations such as the realization in reality, etc. and the contrast. For example the author compare to the different law department's cognition (the American and French system and Continent system). American and French system rely on Rome law mainly to cognition to the relieve right, passing three major contentious procedure (legal contentious procedure, form contentious procedure, extraordinary contentious procedure) construction come constantly last lawsuit and tell because the use of the relive right, self-scours to emphasize citizen and relieving at functions important where human rights protect. Continent law department rely on day ear graceful law mainly to understanding to relieve right, revenge, amplify, emphasize from blood relation administration relieve, expand to the economy, society, culture a great deal of category that citizen's right relieve at the same time. But two fundamental laws and principles department pay attention to fundamental status that constitution relieve, put emphasis on the importance of relieving the functions and powers in the judicial authority with expanding while being essential. Then analyze the difference which relieve development of right under the circumstances that two fundamental laws and principles are: two fundamental laws and principles departments relieve in history paying close attention to and cognitive angle of right, in the embodiment of the concrete law, in the appearing of result of relieving, and all there is a difference in relieving the implementation subject of right. Have explained that relieves the difference on in China and Western right along the thinking of such analysis: 1, The subject of the citizen's relieve right offered by China and Western is different. 2, The characteristics of the relieve right system is different. 3, The direct effects of the citizen's right are different. From the analyses of these contents, you know this paper's ways of thinking and writing.This text has obtained the following research results through analyses. Firstly, sum up and refine comparative science, overall relief right concept out. The relieve right, it means legitimate rights and interests in citizen damage and infringe, which citizen can adopt legal, reasonable route, method resume and maintain the right of the rights and interests. Having relieved the category which belongs to basic human rights clearly, it is the citizen who should have the rights, thus the one that avoided on the concept of studying is unable to decide which is right, offer the theory prerequisite in order to realize the relieve right. Secondly, has combed and analyzed the relieve right's logic structure, has carried on the logic inference and proved the relieve right's formulation, expand the theory of the relieve right, divide the types of the right of relieving. Thirdly, have gone on analyzing to the relieve right's value, have discussed the necessity, proper, legitimacy and feasibility of the relieve right, relieve the influence to enlargement and establish the theoretical foundation; Excavate the legal principle kernel of the relieve right, put the means and values of the relieve right in order, benefit our more overall understanding to the relieve right. Fourthly, through explaining the disparity the relieve right development trend in the world and in our country, contrast international developing state of the relieve right, have pointed out that our the relieve right is various insufficient, shortcomings existed in reality which is operated at present, analyze the insufficient production reasons, improve the thought urgent completion of the relieve right too. Fifthly, all sorts of the relieve right's shortcomings existed in our country at present, pointed proposition savings and helps in the countermeasure of implementing predicament of right, construct Chinese style of the relieve right system mode in theory and practice, in the hope of making contributions our relieve right to benign operation and development of citizen's cause of human rights of right.In a word, this paper, in theory, through the theory analyses of the relieve right, improve the theoretical system of the relieve right, strengthen people's understanding it, offer theory support for its operation; to promote the government's appreciation to it in reality, improve people's relief consciousness, relieve the improvement of the system in our country, relieve the completion of legal system, relieve well the cultivation of the environment and the right prominently for accelerating the great value that cause human rights of our country and the build process of socialist society governed by law.