The Realization Of Legal Rights And Judicial Remedies

Rights are the reflection and ensurance of human's initiation. The rights should be enjoyed have been formulated into the legal rights and achieved by relevant system. Thus, the human beings can enjoy their full rights. At the moment, there are so fairly laws with omissions that can't relieve the weak when in dispute. These kinds of rights should be channeled into judicial relief and guaranteed by judicial procedures fairly, transparently and authoritatively. Since there are limitations in law, we have to transform the original status of judges from machinery and subordination. Judges should give free rein to lawsuits in order to remedy the limitations. Meanwhile, law should be improved perfectly and judicial relief should be systematically designed and standardized reasonably.This paper is made up of the introduction and three chapters. The first chapter The Realization of Legal Right and The Necessity of Judicial Relief, attaches importance on the present conditions of legal rights and discusses the necessity of judicial relief; The second chapter The Realization of Legal Right and Judicial Relief: Gudges' Effect, analyzes the expanding authority of judicial judge in China and judges' initiation in rights relief. The third chapter: The Realization of Legal Right and Judicial Relief: Establishment of Systems, testifies the proposition of our constitutional procedure and concrete law system. It also plans for judicial relief of legal rights.There are four research methods in this paper: evidential analysis, logical demonstration , comparative analysis and normal analysis.