Citizens The Right To Basic Issues Of Judicial Relief

The right to judicial remedy is the fundamental content in the basic citizenship rights, as well as a crucial constitutional right. Although in our constitution, it has stated many important citizenship rights, such as, Right of Equality, Political Rights, Economic Rights, Personal Freedom and Human Dignity, that lacks of the exact provisions which deal with the remedy when these basic citizenship rights have been breached and violated. In other words, the clauses about the right of judicial remedy have not been prescribed in the current constitution. As the old legal maxims say, no remedy equals any rights, which is also an eternal elementary principle of law. Surrounding by the situation that global civilization and level of rule of law have been enhanced gradually, it is inharmonious that we do not have the regulations on Judicial Remedy Right. Hence, the development of the constitution will benefit greatly from researching on citizen's Judicial Remedy Right.As a constitutional right, Judicial Remedy Right has been expounded in constitutions in many countries. For some other countries, it also has been described in constitutional documents other than in constitutions. In this case, the enforcement of the right could be guaranteed. Moreover, international human rights convention, like < Universal Declaration of Human Rights> and < International Covenant on Civil and Political Rights>, has brought into the Judicial Remedy Right as a essential human right and made sufficient effort to guarantee with clear prescription. However, lack of provisions on Judicial Remedy Right, the objective to construct socialism harmony society and country governed by law will hard to achieve. Therefore, in my opinion, it is a must to bring Judicial Remedy Right into citizenship constitutional rights system in the level of constitution, as well as, guarantee this right in the aspect of development of constitutional procedural regime and reformation of current common procedural regime. This thesis uses comparative analysis and empirical analysis methods to study constitutional recognition and realization guarantee for right of judicial relief at home and abroad and reached the following conclusions: First, put forward a scientific concept about the right of judicial relief. The right of judicial relief means any person when their legitimate rights are violated, has the qualification or possibility to request judiciary for the salvation and get reasonable judgment. It includes the right to resort to the courts and right to get a fair judgment. It belongs to the basic human rights areas, is a constitutional right, and is used to start civil proceedings, and basic rights for human rights entities procedures. Second, China has already recognized the right of judicial relief as a fundamental human right. Modern civilization, legal states confirmed right for judicial remedy as constitutional right of citizens. China has signed the " International Covenant on Civil and Political Rights ", joined the World Trade Organization, proposed objectives of building a socialist country ruled by law, political civilization and a harmonious society, and incorporated the principle "the state respects and safeguards human rights" into the Constitution, therefore, there is no reason that the right judicial relief be rejected by the Constitution. Third, in order to safeguard the full realization of the right to judicial relief, China should reform the current judicial system, and construct judicial operating system of independent constitutional litigation legal system, requires common lawsuit system that implement the concept and content of the right to judicial relief as well as constitution lawsuit system that guarantees the right of right to judicial relief. However, all of the above, our country cannot achieve now. Therefore, China must recognize the full realization of the right to judicial relief as a starting point to improve the common lawsuit system and construct constitutional lawsuit system.