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The Right To Judicial Remedy

Posted on:2008-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2206360215460997Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Remedial Jurisdiction means when people consider their constitutional rights and legal rights being violated, they have right to bring litigation to independent and impartial court in order to gain the fair cognizance and verdict. As the part of the basic human rights in constitution, Remedial Jurisdiction has been remedied in a lot of western countries. Many of the word human rights pacts, such as Universal Declaration of Human Rights and International Covenant on Civil and Political Rights have affirmed remedial jurisdiction as a basic human right. But in China, Constitution has not direct regulation relating to remedial jurisdiction. It's not accord with the targets of constructing a country under the rule of law and harmonious society. So China should put it into the system of citizen's constitutional rights, and reform the current common litigation system in terms of constructing the constitutional litigation system.
Keywords/Search Tags:remedial jurisdiction, reformation, constitutional litigation
PDF Full Text Request
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