Basic Civil Rights Program To Protect

The spirit of modern constitution aims to guarantee citizens' basic rights. It is a significant indication of weighing a nation's degree of democratization whether citizens' basic rights can be guaranteed effectively. There exist varieties of ways of guaranteeing citizens' basic rights. In the recent years, how to guarantee and consummate citizen's basic rights in terms of process so as to protect citizens' rights and freedom to the greatest extent has attracted attention of people from all walks of life and legal academia in particular. The present thesis conducts thorough analysis on how to consummate the procedures of citizens' basic rights. The first chapter starts with the analysis of a series of legal concepts concerning citizens' basic rights and process guarantee. In the meantime, this chapter focuses on the function of British American due process of law in guaranteeing citizens' basic rights from the perspective of just legal procedure. The second chapter deals with the constitutional government value of the process guarantee, indicating that the value of process guarantee of citizens' basic rights are displayed in two forms, namely, external value and internal value. The external value is laid out by the following: the process guarantee is the premise for realizing citizens' basic rights and the effective way of governing the state. Also, it serves as the guarantee for establishing the authority of constitution. The internal value mainly displays such values like freedom, lightness and reason of the process guarantee itself and points out its independence nature. The third chapter demonstrates the distinctions between process guarantee and the mainland legal system in procedure protection of citizens' basic rights and probes into its meaning for the establishment of China's protection procedure of citizens' basic rights. The fourth chapter illustrates the present status, underlying problems and reasons of China's process guarantee of citizens' basic rights. Additionally, in terms of the consummation of China's procedure protection the present author put forward the following proposals: firstly, some legal items to embody the just concept of the procedure need to be added. Secondly, legal items of citizens' process rights should be detailed. Thirdly, the constitution lawsuit process and rules needed to be established. Fourthly, legislation hearing system should be set up. Fifthly, value consciousness of public process is to be popularized. It...