On The Claim Of Civil Judgment

It is a fundamental right of the people of one country that the judicial review, the design of the national judicial system should ensure the national judicial review. In the strick sense ,it can be divided into criminal, administrative and civil judicial review , the civil judicial review, it is that the civil judgement that the judge studied of this text asks for right . As regards civil item, citizen's right encroach on or after disputing with others, have the right to appeal to the court and get trying just, namely the civil judgement that the citizen enjoyed asks for right . For many years, of our country civil action to to pay close attention to the thing and further investigate fully right this law circles, have not set up the basic theoretical system that a civil judicial review .We difficult to find judicial review no matter or in Great Britain American and French department country in continent law department country, have already become establishment of various countries and supreme idea of the operation civil action system, a lot of systems of civil action exist in order to realize the judicial review.The civil right to get judicial review mean no one encroach on or can appeal to court and enjoy with others a independent one partial when disputing in civil right their Just right that tries of judicial authority of resting on . It includes appealing to the right and fairness of the administration of justice and trying the right of asking for. In recent years, the right to get judicial review is being admitted by the numerous country's constitutions of the world, its constitution value and constitution position are shown especially day by day, and this right has already been confirmed by the global international convention and regional international convention as a fundamental right, having become the important component of human rights in the world, itsconstitution, internationalization, reality trend are being known by people constantly.Has referees to ask for the ensuring regulation of right in the constitution of our country , does not confirm clearly that the judicial review, and the ensuring regulation is fragmentary , there are many the defects existing in design and operation of some concrete systems in practice, show outstandingly : In ensuring parties to appeal to court's right, the scope of accepting cases of court is too narrow, outside the judicial process making numerous civil disputation refused; Dispute deal with mechanism appear diversification , some dispute solve mechanism deprive party appeal to right of administration of justice; Legal provisions perfection and judicial activity itself restrain party referee from ask realization of right; The civil contentious procedure starts complicatedly, will pay the court cost and restrain the party's referee from asking for right in advance while sueing; The establishment of the leading procedure of the dispute , make the party appeal to court's right and exercise and delay excessivly, unfavorable to parties and obtain just trial. In ensuring parties to try the right of asking for just, the localization of the judicial power causes the court, judge to be difficult with the independence, try and receive the great impact just; The right to participate in of the party's procedure can not be ensured, causes the judgement that the court makes on the basis of fully respecting party's suggestion to lack fairness; The open trial principle was not implemented completely , the relatively close lawsuit environment is difficult to guarantee that the procedure is just ,etc. Exactly defect these, party appeal to right and fairness of administration of justice is it ask for right receive the effective guarantee to try, this protects the principle to run counter to with administration of justice of human rights. Moving forward and running the country according to law in a more cost-effective manner, global economic integration todayobvious day by day of trend, in the protection of human rights, it is very necessary to keep the same with method of most count...