Citizens’ Right To Judicial Relief Research In China

A citizen’s right of judicial relief is an important part of fundamental human rights, is also animportant constitutional right. Mainly the constitution of our country stipulates some important basic civilrights, for example, equal rights, political rights, economic rights, personal freedom and personality dignity.Once has been damaged, but the basic rights and infringement such as how to relief not make clear rules.That is to say, the provisions of the constitution is not about the judicial relief rights. No remedies no rights,is the ancient legal proverbs, immutable law basic principle. When our country citizen’s constitutionalrights have been infringed upon in not relief, this shows is that our citizens would never enjoy theconstitutional rights. In world civilization and the rule of law level is increasing day by day, under thecondition of our country constitution has no regulation about the right of civil judicial relief, this is clearlynot in coordination with the development of the world. Therefore, to strengthen the right of judicial reliefresearch has important significance for the development of constitutional government in our country.Judicial relief right as a constitutional right, has been written to many of the country’s constitution,constitutional government in some countries even if not clearly stipulated in the constitution, but also in themidst of other constitutional documents made clear rules, for the realization of citizens’ right to judicialrelief provides a strong guarantee. Judicial relief right as a basic human right, has been the internationalhuman rights conventions, such as the universal declaration of human rights, the international covenant oncivil and political rights, etc., are clearly defined and sufficient security. However, for such a less importantwith universal basic rights, but didn’t get due to confirm the constitution and the rule of law practice inChina. This and our country in building a harmonious socialist society, the goal of the construction countryunder the rule of law is very discrepant. Therefore, the author thinks that, our country must be from theheight of the constitution the citizens shall enjoy the right of judicial relief should be incorporated into thecitizen’s constitutional rights within a system, and from the construction of constitutional lawsuit systemand the reform of the existing common lawsuit system to safeguard judicial relief rights.This article is divided into three parts, from the basic theory of the judicial relief right analysis to thestatus quo analysis of the current law system in our country to perfect the civil judicial relief right advice reviewed several aspects to carry out the argument. First of all, through the analysis of the connotation andcharacter of civil judicial relief right, and the related concept of comparative analysis to do a reasonabledefinition of civil judicial relief right. Secondly from the aspect of constitution in our country and thepresent situation of the general level of citizens’ right to judicial relief of litigation are analyzed, andcalculated the defects of current law system of our country, to build a reasonable system to protect citizens’right to judicial relief. Finally, on the basis of the previous part of the argument and draw lessons fromforeign constitutional lawsuit mode put forward our country citizen’s constitutional right to relief into theconstitution, build our constitutional lawsuit system and perfect the preliminary idea of common lawsuitsystem, the purpose is to better safeguard citizens’ exercise of the right to judicial relief, and has carried onthe system design and the case well.