Individual Complaint System Is A Comparative Study

Individual complaints to international human rights system as an important aspect of the implementation mechanisms of international law scholars in foreign countries by the close attention and generated a lot of research results, and in our country can see the monographs in this area or does not show much academic. Personal status law in increasing the international community today, no country or government can afford to ignore its domestic human rights situation in the pretext of human rights can not belong to a country's domestic affairs while ignoring its commitment to human rights treaty obligations. From the global human rights conventions such as the "UN Covenant on Civil and Political Rights" and its Optional Protocol, "United Nations Convention on the Elimination of All Forms of Racial Discrimination" and "United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" to the regional human rights conventions such as the "European Convention on Human Rights" and a protocol and the 10 "American Convention on Human Rights" have the right of individual petition, as well as the empowerment of individuals to protect the rights of international procedures in considerable detail the mechanism, so as to form in this article to be the object of focus on individual complaints system ----.The emergence of any legal system are inseparable from the specific social and historical context of the development of the theory, and theory to guide practice. Individual complaints system is no exception. The birth of human rights protection system with the international community of individual rights, dignity, respect and safeguard the value, as well as individuals in the international legal norms on the status of the improvement is closely related to. Therefore, in order to discuss the establishment of a system of individual complaints and development, it is necessary to study the system co-exist with other international human rights protection system and the lack of comparative advantage, it is necessary to evaluate the effectiveness of this system, we must first get rid of a set theory is that the traditional international law the individual in international law on the status of prejudice. Secondly, the study of individual complaints system of international law principle of non-interference in internal affairs is not around the issue of past theories. Therefore, the system of individual complaints around the central topic, the author integrated the use of comparative law, empirical analysis of a wide range of research methods, such as were made in more detail. This article is divided into three parts:Analysis of the first part of the system of individual complaints with the international law relating to the two theoretical issues. Through the list of contemporary authors with the traditional theory of international law is totally different from the practice of the new theory to draw on the subjects of international law and international human rights law the principle of noninterference in the internal affairs under the vision of scientific understanding. The second part is the main body of this article, on behalf of significance for the global and regional human rights conventions or the Optional Protocol to the system of individual complaints related to the treaty norms, as well as to receive individual complaints were made by treaty bodies to introduce an objective, evaluation and comparison. The third part of the system of individual complaints to international human rights treaty monitoring mechanisms of the effectiveness of the framework done in line with its assessment of the facts and suggestions to improve this important system in a number of recommendations.