Judicial Activism Judicial Perspective Rights Generated

Citizens'rights protect by Legal Norms is extensive and authority. Because there are some law leaks, there's a world of rights which haven't come into being protected by Legal Norms. Through the judicial process protect the interests and confirm, from a certain extent, this is through judicial power generates rights, and the formative process is called the rights of judicial generation. It benefits to make up the deficiency of law, promotes the development of legislation, solves the conflicts and disputes in time, and protects human rights better.There are some differences of two law systems, the historical development are also different of them. Take the judge-made law institution of UK for represent, the court protects human rights by judicial precedents. The judicial review system brings USA "the explosion of rights". In continental law system countries, take France and Germany for example, they accept making up the law by case, and Switzerland has definite regulation when there's no provisions in law and convention, the judge can judging case as a legislator. At present, our country lacks of prescribe about the rights of judicial generation, but it objective existence in reality. There's theoretical and practical significance of observing related system, combining with the history and reality of our country and summing up the successful experience of foreign countries, backgrounds on the international convergence of two law systems.Our country is in the transition period, social conflicts come about everywhere. To regulate social conflicts and protect citizens' legitimate rights effectively, the improvement of judicial power generates rights mechanism worth studying. In my opinion, firstly from regulation the concept of the dispute, as the interest of suit the standard of disputes can be suit, expand the scope of the suit interests, and the legitimate interests may protected by judicial proceedings. Then establish the principle of judicial final settlement, judge personal freedom, privacy, property and life by judicial mechanism, and the judge has final authority. Thirdly clear the principle of rights presumption to protect the rights, that is a process which based on the explicitly rights of law, the principle of law, the spirit and purpose of legislative push out the hidden rights and other rights exist. At last, introducing the system of precedents, give the typical cases which have been chosen by "the supreme people's court gazette" guidance position. Make the case from the supreme people's court function in the reality.