Study On Constitutional Protection Of Right Of Action

In the modern countries, the constitution is basic law to limit the national power and guarantee rights of citizens, which has the highest force of law. It gives citizens basic rights, and should also give rights of relief, namely right of action. For most countries, the constitution has provisions on right of action directly or indirectly, which is pity that there is no clear regulation on right of action in our constitution, so mainly via procedural law to be guaranteed. However, procedure law is not perfect; we can see many cases of infringement in real life. This article attempts to protect right of action from the height of constitution, restore its constitutional property. Such research not only fit the trend of constitutional zing for right of action, but also can guarantee civil litigation right. At the same time, it can make the process of rule of law go to a higher level, and promote constitutional government. The thesis opens the research on the basis.First of all, analyze for constitutional protection of right of action in theory. Through theories from scholars both at home and abroad and make evaluation, and combining with our country attaches great importance to the entity for a long time and despise program problem to put forward the point that right of action for parties to require on the judicial organs.Moreover, sums up the characteristics of right of action on the basis of the definition of right of action. However, if we want to protect right of action from the height of constitution, we must demonstrate the right of action is a constitutional right. All of analyses give a solid theoretical basis for the protection of right of action in our constitution.Then compare right of action between China and other countries. First of all, introduce the mode of how to protect right of at aboard, illustrates constitutional provisions about right of action. At the same time, foreign countries established constitutional lawsuit system, and strengthen the protection of right of action and other fundamental rights further. Here mainly introduces the mode of common court in the United States and mode of constitutional court in German, to provide reference for the establishment of constitutional lawsuit system in China. And make a conclusion that we have no clear provision of right of action in our constitution. At the same time, analyze the problems in our mode of protection of right of action, and make a conclusion the reason we have no clear provision of right of action in our constitution.Finally, analyze the necessity and feasibility of protecting right of action in our constitution. Put forward the conception of protecting right of action in our constitution. The main suggestions include the following: First, should expressly provide right of action in constitution. Second, establish system of relief to protect right of action in constitution.