The Guarantee Of The Right To Request Civil Adjudication

Being the basic right of a country's subjects, Right to Request Adjudication shall be guaranteed by the country's judicial system, and can be compartmentalized, in a strict way, as Right to Request Criminal Adjudication, Right to Request Administrative Adjudication, and Right to Request Civil Adjudication. The research focus of the dissertation is the Right to Request Civil Adjudication. In terms of civil items, when civil right is infringed or dissension occurs, citizen has the right to appeal to the court and obtain fair adjudgement, which is the Right to Request Civil Adjudication. It is obvious that, in countries under continental legal systems as well as those under system of Anglo-American law, the Right to Request Adjudication has been the greatest eidos for establishing and operating civil action system. Many of the systems of civil suit exist for realizing the Right to Request Adjudication. Right to Request Civil Adjudication, consisting of the right to appeal to the judicature and the right to receive fair adjudgement, is the right which enables the person to appeal to the court and receive independent, impartial adjudgement from the judicial authority when his civil right is violated or dissension happens. Recently, the Right to Request Adjudication, being one of the basic rights, has been recognized by more and more national constitutions and affirmed by both global and regional international covenants, thus, its constitutional value and status have become more and more important and it becomes the essential component of world human right. Its trend for constitutionalization, globalization, and modernization has been acknowledged by the people all over the world. Though, in our constitution, there are indemnificatory provisions for the Right to Request Adjudication, no concrete and systematic ones are stipulated.From the history of social development, the initial reason of being unable to furbish social member's right after being infringed is the limited right of suit which means without the access to the court and judicial procedure, while the second reason is unfair adjudement. No judicial relief and no right of instituting a proceeding to seek for judicial relief will lead to no human right. To ensure the Right to Request Civil Adjudication of the parties of entanglement is a significant part of strengthening the human right guarantee in civil lawsuit. Rights without guarantee is like no right at all, therefore, the Right to Request Adjudication, as the connection between national jurisdiction and citizen's civil right, plays an irreplaceable role in civil law action. Without effective guarantee for Right to Request Adjudication, there would be no civil right. As many of the cases that civil right cannot be guaranteed or even is trampled in practice are caused by lacking of relative theories and having imperfect legislation, it is of vital importance to attach great emphasis to the issue of guarantee. The dissertation first goes to the meaning of the Right to Request Civil Adjudication and the current situation and problems concerning the issue of guarantee, using the current situation of guaranteeing the Right to Request Adjudication in American and Japan as reference, and concludes by elucidating the critical issues concerning the guarantee of the Right to Request Adjudication from the angle of appealing, accepting and hearing a case.