The Human Rights Guarantee Function Of Administrative Litigation And It's Mechanism To Implement

The administrative litigation human rights guarantee function is an importance function of the administrative litigation. In the administrative litigation realm, the administrative litigation human rights guarantee function is an importance topic and also a most more origin topic. Everyone knows that Human rights has been written in the Constitution. Constitution is the root law, the spirit of the constitution would show thorough the usage of the section law. The administrative litigation can solve the disputes between the administrative subject and administrative relative person. Owing to the inequality position of the administrative subject and administrative relative person, administrative relative person 's human rights guarantee seem to be more important.In the three greatest litigations, the theories boundary study more about crime litigation. They noticed that a crime suspicion person or a crime member have the same legal rights, basic human rights. because the two party have equal law position in the civil litigation, so everybody pay attention to protect his/her legal rights. But in the administrative litigation, the advantage position of the administrative subject, and the the administrative relative person 's thought of "fear an officer", cause legal rights of the administrative relative person easy encounter to violate.Many scholars have taken notice of importance of the administrative litigation human rights guarantee function. Although some progress of the administrative litigation human rights guarantee was made, human rights guarantee function of the administration litigation were still in further scooped out. The research of the system level and the mechanism level also demand more deep layer. Administrative litigation human rights guarantee function research strengthened continuously, abundant its content in the theories, so the administrative litigation human rights guarantee function will bring into play better in the administrative judgment. Aim at the reality human rights condition in the administrative litigation, absorbing the advanced experience of the outward countries'administrative litigation human rights guarantee, consequently it can consummate China's administrative litigation human rights guarantee function and mechanism of construction.