On China's Rule Of Law In The Process Of Law Complaint

Justiciability, a separate legal concept, is always considered as anunessential character of the law in the past and is often despised by mostpeople. So in the scholars it is seldom treated as an individual stuffyobject and little research is implemented about it. While, in fact, theimportance of justiciability can never be overestimated. The Lack ofjusticiability can result in ineffective execution of relevant laws andmake them powerless on their regular functionalities, such as resolvingthe dissensions, relieving the conflicts, stabilizing the order of thesociety and so on. Thus the lack of justiciability, inevitably, will lead topeople's distrust of the law and depresses the law's authority.Currently in our country, the justiciability is serious neglected andthe lack of justiciability has become a common situation, whichnegatively holds up the building of modernization of governing by law.It is rather exigent and necessary to comprehensively research thejusticiability about its content, functionality and the law position, so asto find the root cause for the lack of justiciability in our country. Thenwe can make use of this knowledge to optimize the justiciability andhelp consummate the building of the law in our country.This dissertation can be mainly divided into 2 parts. The first part,including section 1 and section 2, is some academic research and studyof the justiciability. The second part, including section 3 and section 4, ismainly focused on the social situation and relevant analysis about thejusticiability in our country. The solution for lack of justiciability isgiven in the second section. These 4 sections are organized as follows.In the first section, we bring up the situation that justiciabilityshould be more emphasized, and study it on its concept, content and keyelements.In the second section, we discuss in detail about justiciability'sstatus and importance, and its relationship with the law. In this sectionwe come to a conclusion that justiciability is the fundamental of law's authority and the premiss for people's trust and belief of the law.In the third section, we depict the situation of lack of justiciabilityin our country and analyze the root cause of this situation. The lack ofjusticiability, by different extent, is rather common, no matter in theconstitution, in the public law partment, or in the private law partment.The existence of lack of justiciability is an outcome of multiplex factors,which are detailedly demonstrated in this section.In the last section, we study about problem of insufficientjusticiability and propose some methods to optimize and improve thejusticiability. These methods, in brief, can be described as following.1,to set the ideology of justiciability into legislation and build acomplete justiciable legal framework. 2,to optimize the currentexecution module of the law and to establish the authority of judicature.By these methods, we can eventually eliminate the lack of justiciability,improve the justiciability situation and accelarate the building ofmodernization of governing by law, so as to guarantee the legal rightsand interests of the people and promote the building of harmonioussociety.