A Legal Research On The Issue Of Law Justiciability

As an independent legal concept in legal theory of lawsuit possibility, it covers two aspects: the dispute of lawsuit possibility and legal lawsuit possibility. Because of the error position for a long term and a lack of the importance of the understanding, they lead to the difficulty of deep study in lawsuit possibility as a sole object, so the research on this problem is stagnant for a long time. The concept of lawsuit possibility, connotation and legal status can not form systematic research, which has become a bottleneck to resolve social disputes and social conflict. At present, the academic circles on the legal study of litigation in our country has not formed a complete theoretical system, but it has reached a basic consensus that lawsuit possibility is one of the basic attributes of the modern law. Law is an important tool for adjusting social relations, and the applicable law is closely related with the legal authority. If the law can not be applied and be carried out, the law is tantamount to a mere scrap of paper. If the law itself is actionable, the disputes in the legal adjustment of social relations is also actionable. Of course there are exceptions, when the legal norms adjustment disputes fail to meet the properties of mature and standard or the dispute has the property of politics the lawsuit possibility is not actionable.Therefore, the justiciability of the legal norms always takes precedence over the justiciability of disputes, that is to say-there is no justiciability of social disputes without the complaints of the legal norms. Laws are flawed and inadequate. The defect of lawsuit justiciability will result in the functional decline of judicature in national legal systems and the deviation of legal judgment from the track; it will also decrease the public confidence of national judicature and eventually affect the independence of the judicature.As a consequence, from our basic national conditions, we can analyze the performance of the defect of law justiciability, and further explore the cause of the defect of law justiciability. Finding out the solution of settling legal justiciability problem and establishing a comprehensive system of the legal justiciability are the tasks in the development of our legal system and the process of judicial reform which needed to be resolved.The main body of this article has more than30,000words, divided into4parts:Introduction firstly sets out the negative consequences under the missing of legal justiciability, respectively discussing from the the jurisdiction function, legal credibility, civil rights and obligations, and the State organ’s authority and responsibility. Secondly, this article analyzes the modern jurisprudence value of probing the justiciability, and then determine the value of this study. Finally, through the analysis of the document and literature, and the comprehension of research status and research level to the legal justiciability, this article is given specific research direction and research method.Chapter one is the theoretical basis of justiciability problems, which analyze the justiciability concept with two levels and two dimensions through etymology analysis. Comparing the justiciability concept with that of various scholars and giving a definition of law justiciability. In the end, the author expounds the law justiciability through the four aspects.Chapter two analyzes the current harm performance of the defect of lawsuit justiciability in China. First of all, the author discusses a large number of hazards of the performance of the defect of lawsuit justiciability in constitutional norms. Secondly, the author expresses the phenomenon of justiciability deficiency that exist in the constitutional norms. The factors of the legislative shortcomings, the constraint of current judicial system and political system, because of the phenomenon of justiciability deficiency with excessively administrative power and insufficient in the civil rights field, result that the defect of law justiciability causes harmful consequences. What is more, the phenomenon of justiciability deficiency is expounded from the perspective of research methods in hazards of the performance of the defect of law justiciability private law, civil law and economic law.Chapter three analyzes the reasons of the deficiency of law justiciability. First of all, starting from the limitations of law to analysis the root of justiciability deficiency. At last, the author analyzes the judicial capacity from four aspects-the indistinct rights specification, political legitimacy, obligee’s proceeding capacity and the judiciary’s will. Finding out the realistic reasons that influence law justiciability.Chapter four mainly talks about the main approaches to solve the problems of justiciability. This part is mainly aimed at the specific reasons of justiciability in the third chapter and puts forward concrete countermeasures. Using different ways to improve the current situation of law justiciability in our country, such as clearing legislative ideas, perfecting the legislation concepts, improving legislation technology and so on.Chapter five is the conclusion,which emphasize the importance of law justiciability. Finally, the author provides an outlook of the development trend of law justiciability and comes up with the key difficult problems and insufficient found in this paper.